Postnuptial Agreement Attorney in St. Petersburg

What Is a Postnuptial Agreement?

A postnuptial agreement is a written contract entered into by two people who are already married, distinguishing it from a prenuptial agreement, which is signed before the wedding. Married couples in the Tampa Bay area often consider one when circumstances shift in a meaningful way: acquiring a business, receiving a large inheritance, relocating for a new career, or wanting clearer financial boundaries after a difficult period in the marriage.

These agreements aren’t a sign of trouble. Many couples find that putting financial expectations in writing reduces conflict and builds a stronger foundation going forward.

Florida’s Legal Standard for Postnuptial Agreements

Florida’s Uniform Premarital Agreement Act (F.S. 61.079) governs agreements made before marriage. Postnuptial agreements operate under a different framework: Florida common law and the standard established by the Florida Supreme Court in Casto v. Casto, 508 So.2d 330 (Fla. 1987). Under that standard, a court can set aside a postnuptial agreement if it was reached through fraud, duress, coercion, misrepresentation, or overreaching, or if it makes an unreasonable provision for a spouse who lacked adequate financial disclosure.

In practical terms, full financial disclosure between spouses isn’t just good practice. It’s the foundation of an enforceable agreement. The contract must also be in writing and signed by both spouses.

What a Postnuptial Agreement Can Cover

A well-drafted postnuptial agreement can address a wide range of financial issues. Common provisions include:

• Marital versus separate property: Identifying which assets each spouse brought into the marriage and which are considered jointly owned
• Debt allocation: Clarifying responsibility for existing or future debts if the marriage ends
• Alimony terms: Setting or waiving spousal support obligations in advance
• Elective share waivers: Under Florida law, a spouse can waive elective share and other survivor rights, provided there’s fair disclosure of the other spouse’s estate

One area postnuptial agreements can’t reach is child support. Florida courts determine child support and custody based on the child’s best interests at the time the issue arises, and no marital agreement can predetermine or eliminate a child’s right to support.

Our Approach to Postnuptial Agreements in St. Petersburg

Drafting a postnuptial agreement requires both spouses to disclose their full financial picture to each other while remaining committed to the marriage. That dynamic calls for careful handling. Our Protection Without Destruction® approach guides how we structure disclosure and negotiation: the goal is an agreement that protects each spouse’s interests without introducing adversarial tension that could strain the marriage itself.

Our attorneys work closely together on every matter, combining their knowledge to build a strategy suited to each couple’s specific situation. We intentionally limit our caseload so each case receives focused attention rather than being moved through a high-volume pipeline. Harris, Hunt & Derr, P.A. is rated Tier 1 in Family Law by U.S. News Best Law Firms, a reflection of the standard we hold ourselves to on every file.

Pinellas County Family Court & Local Court Familiarity

Postnuptial agreements are drafted to hold up if they’re ever tested. The St. Petersburg Judicial Building serves South Pinellas County and handles Circuit and County court matters, with a primary focus on family law proceedings. If a postnuptial agreement is ever raised in a future divorce proceeding, familiarity with how Pinellas County family court evaluates marital contracts matters. Our attorneys know that court environment and draft accordingly.