A prenuptial agreement can help a couple discuss financial expectations before marriage, including what should happen when one spouse dies. In estate planning, its usefulness comes from coordinating those expectations with wills, trusts, titles, and beneficiary designations.
Address spousal rights directly
Florida gives a surviving spouse certain inheritance protections. One is an elective share equal to 30 percent of the defined elective estate. The elective estate can include more than probate property, so putting assets in a revocable trust does not by itself avoid the calculation.
Florida permits specified spousal rights to be waived, wholly or partly, before or after marriage through a qualifying written contract, agreement, or waiver. A prenuptial or postnuptial agreement is a common way to address the issue, but it is not the only possible written instrument. The statutory execution requirements and the circumstances governing enforceability must be considered.
Disclosure requirements can differ depending on whether the agreement is signed before or after marriage, and additional rules may apply to the particular agreement. Each party should have an appropriate opportunity to obtain independent advice. A rushed signature on generic wording is not a substitute for a carefully considered arrangement.
Coordinate the agreement with the actual plan
A marital agreement can clarify whether property is intended for children from an earlier relationship, a spouse, or other beneficiaries. The estate-planning documents must then implement the arrangement. Merely describing property as separate does not necessarily complete a transfer to the intended beneficiary.
Review beneficiary forms and retirement-plan rules as well. A premarital agreement does not automatically satisfy every federal requirement for a spouse to waive retirement benefits. Homestead rights, elective share, exempt property, and other protections should each be addressed as appropriate.
Make room for the family’s circumstances
Couples may use these agreements to preserve an inheritance for children, provide a defined benefit for a surviving spouse, or protect a family business arrangement. The discussion can be constructive and transparent rather than adversarial.
A trust may provide support during the survivor’s life and preserve a remainder for other beneficiaries. Life insurance or other assets may help fund agreed commitments. The appropriate structure depends on the couple’s resources and goals.
We can discuss how a marital agreement fits your estate plan and coordinate with the appropriate advisers so that the agreement and the documents support the same intentions.
Sources: Waiver of spousal rights; Elective-share amount; Property entering the elective estate.
Updated October 26, 2026.