Florida Women’s Law Group focuses exclusively on representing women in divorce and family law matters. Many of our clients are part of blended families in which one or both spouses bring children from prior relationships into a new marriage. These families can be rich in love and opportunity, but they also present unique legal and financial complexities. This blog explains why, under Florida law, prenuptial and post-nuptial agreements (“nuptial agreements”) are especially important in blended family dynamics.
What Is a Nuptial Agreement in Florida?
- A prenuptial agreement is a contract made before marriage, while a postnuptial agreement is created after marriage
- Both allow couples to define property rights, spousal support expectations, and inheritance provisions
- Florida has adopted the Uniform Premarital Agreement Act, which makes such agreements legally enforceable if properly executed (The 2025 Florida Statutes)
Why Nuptial Agreements Are Critical in Blended Families
Protecting Children From Prior Relationships
- Without clear planning, Florida’s intestacy laws control who inherits if one spouse passes away without a will
- By default, a surviving spouse may receive at least half of the estate (Florida Statute 732.102), which can unintentionally reduce what passes to children from a prior marriage
- A nuptial agreement allows parents to earmark assets specifically for their children, ensuring intentions are honored
Clarifying Property Division
- Florida is an equitable distribution state (Florida Statute 61.075), which means marital property is divided equitably—but not always equally—during divorce
- For blended families, this can create tension if one spouse brings significant premarital assets into the marriage
- A nuptial agreement can define what stays separate and what becomes marital, reducing conflict later
Setting Expectations for Spousal Support
- Florida courts may award alimony depending on factors like need, ability to pay, and length of marriage (Florida Statute §61.08)
- Nuptial agreements can set or waive alimony terms, which is particularly useful when spouses want to preserve resources for their respective children
Reducing Conflict Between Step-Relations
- Blended families often involve sensitive dynamics between step-parents, step-siblings, and extended relatives
- Disputes may arise if financial expectations are unclear
- A well-drafted nuptial agreement provides transparency and boundaries, minimizing the risk of litigation or fractured family relationships
Should You Get a Nuptial Agreement?
If you are:
- Entering a marriage with children from a prior relationship;
- Bringing significant premarital assets or debts;
- Remarrying after divorce or widowhood; or
- Hoping to preserve assets for your children’s inheritance
…then a nuptial agreement may be one of the best tools to protect your interests and reduce future legal uncertainty.
Divorce For Women, By Women
Our attorneys are experienced in negotiating, drafting, and litigating nuptial agreements that stand up in court and safeguard what matters most—your financial future and your children’s well-being. By choosing a women-focused firm, you choose partners who understand women's distinct challenges in blended family situations, from financial equity to long-term protection.
If you are considering marriage or are already remarried with children from a prior relationship, now is the time to protect your future. Contact us today to book your confidential consultation and learn more.
