Postnuptial Agreement (Separation Agreement) - MyFloridaDivorce.com
What Is a Postnuptial Agreement?
A Postnuptial Agreement, sometimes called a Separation Agreement, is a legally binding contract created between spouses after they are already married. This agreement outlines how assets, debts, and other financial matters will be handled in the event of a divorce or legal separation.
Unlike a prenuptial agreement, which is signed before marriage, a postnuptial agreement is entered into while the couple is still legally married, whether they are living together or considering separation.
Who Is It For?
A Postnuptial Agreement is ideal for:
- Couples seeking clarity on how to divide assets and debts during or after marriage.
- Spouses who are experiencing marital issues but want to stay legally married.
- Individuals who have acquired significant assets during the marriage.
- Couples entering reconciliation after a separation who want financial matters clearly resolved.
- Anyone wanting to avoid future legal conflict by having financial terms clearly defined.
Our 100% Online Process
At MyFloridaDivorce.com, we make it simple to create a Florida-compliant postnuptial agreement from the comfort of your home:
1
Complete a Secure Online Questionnaire
Provide the necessary details about your finances, assets, and agreement terms.
2
We Draft Your Postnuptial Agreement
Our legal document professionals will prepare your custom agreement, tailored to Florida law.
3
Optional Attorney Review ($99 Add-On)
Have your agreement reviewed by a licensed U.S. attorney (not affiliated with our site) to ensure accuracy and peace of mind.*
4
Sign & Notarize Online
Use our free online notarization service so both spouses can sign legally without leaving home.
What’s Included
- Custom Florida Postnuptial Agreement
- Clauses for property and debt division
- Optional support/spousal maintenance language
- Name change clause (if desired)
- Free online notarization for both spouses
- Unlimited revisions within 30 days
Frequently Asked Questions
Yes. As long as both parties sign voluntarily, with full financial disclosure, and the document is notarized, your agreement is enforceable under Florida law.
No. Legal representation is not required. However, we do offer an optional attorney review for additional peace of mind.
Your postnuptial agreement will help streamline the divorce process by clearly outlining the terms of separation.
Yes. Both spouses can agree in writing to amend the agreement at any time.
What can be included in a Florida postnuptial agreement?
- A valid Florida postnup (also called a marital settlement or separation agreement) can include terms related to:
- Division of property (homes, vehicles, savings, etc.)
- Allocation of debts (credit cards, loans, mortgages)
- Spousal support (alimony) – amount, duration, or waiver
- Inheritance rights
- Ownership of businesses or professional practices
- Retirement accounts and benefits
- Life insurance beneficiary designations
- Plans for future separation or divorce
You can tailor the agreement to your specific goals — whether you’re staying together, taking space apart, or preparing for a potential future divorce.
What cannot be included in a Florida postnuptial agreement?
- Some terms are not legally enforceable in a postnup, such as:
- Child custody or visitation – The court always retains authority to decide what’s in the best interest of the child at the time of divorce.
- Child support waivers – Parents cannot waive or reduce child support below Florida guidelines.
- Unfair or coercive terms – Agreements signed under pressure, fraud, or without full disclosure may be invalidated.
- Provisions that violate public policy – For example, lifestyle clauses that penalize a spouse for gaining weight or becoming ill may not be enforceable.
Ready to Protect Your Future?
Start your postnuptial agreement now in just minutes.