A postnuptial agreement is a private contract between spouses, signed after the wedding, that spells out how money, property, or support would be handled if the marriage ends. Unlike a court filing fee, there is no set price tag on one in Florida, because it is not something the state charges you to create.
Key Takeaway: Florida's Uniform Premarital Agreement Act, Section 61.079, applies by its own terms only to agreements made before the wedding. There is no comparable Florida statute written specifically for agreements signed during a marriage. That gap is the main thing to understand before you price one out or rely on one.
What Is a Postnuptial Agreement?
A postnuptial agreement is a written contract signed by spouses who are already married. It typically addresses how specific property or debts will be treated, and how spousal support would be handled, if the marriage later ends in divorce or death. Couples use them for a range of reasons: one spouse starting a business, an inheritance coming in, or simply wanting clarity that was not addressed before the wedding.
It is different from a separation agreement or a marital settlement agreement, both of which are signed when a couple has already decided to separate or divorce. A postnuptial agreement is signed while the marriage is intact and both spouses intend to stay married.
How Much Does a Postnuptial Agreement Cost in Florida?
There is no filing fee for a postnuptial agreement in Florida, because you do not file it with the court when you sign it. It is a private contract between two people, similar to any other agreement you would sign outside of litigation. That means the cost breaks down differently than a divorce filing:
- Attorney drafting and review. Most of the real cost is legal work: drafting the agreement, negotiating terms, and reviewing disclosures. Florida does not publish a standard rate for this, and pricing varies by attorney and how complicated the agreement is. Get a specific quote before committing.
- Independent counsel for each spouse. Because a postnuptial agreement is negotiated between spouses with potentially different interests, many attorneys recommend each spouse have separate representation, which can mean paying for two attorneys rather than one.
- Notary or witness costs. Signing typically requires a notary, which is a small, nominal cost, not a state-set fee.
There is no equivalent to Florida's court filing fee schedule here, since a postnuptial agreement is not a lawsuit or a petition. If your situation later leads to a divorce, that separate court process has its own filing fee, covered in our guide to how much a Florida divorce costs.
How Does a Postnuptial Agreement Compare to a Prenup?
The two documents serve a similar purpose but sit on opposite sides of the wedding date, and only one of them has a dedicated Florida statute.
- Prenuptial agreement. Signed before the marriage. Governed by Florida's Uniform Premarital Agreement Act, Section 61.079, which defines a premarital agreement as one made "in contemplation of marriage" and effective once the marriage happens. The statute sets out formalities (it must be in writing and signed by both parties), what it can cover, and specific enforcement standards.
- Postnuptial agreement. Signed after the marriage. Section 61.079 does not apply to it, by its own definition. Florida does not have a separate statute written specifically for agreements signed during a marriage, so its terms and enforceability rest on general contract principles rather than a dedicated statutory framework.
Because Florida's premarital agreement statute explicitly limits itself to agreements signed before marriage, do not assume the same rules automatically apply to an agreement you sign afterward. Confirm the specific requirements with a Florida family law attorney before you sign a postnuptial agreement, or before you rely on one you already have.
Is a Postnuptial Agreement Enforceable in Florida?
Because there is no dedicated postnuptial agreement statute in Florida, enforceability is not governed by the specific checklist that Section 61.079 applies to premarital agreements. Instead, it falls under general contract principles: a contract signed voluntarily, without fraud or duress, generally stands, and a contract signed under pressure or without fair disclosure generally does not.
Florida's premarital agreement statute offers a useful reference point for the kind of issues that tend to matter, even though it does not directly apply. Under Section 61.079, a premarital agreement is not enforceable if the party against whom enforcement is sought proves they did not sign voluntarily, that the agreement resulted from fraud, duress, coercion, or overreaching, or that it was unconscionable when signed and they were not given fair financial disclosure. Postnuptial agreements are commonly evaluated with similar concerns in mind, but confirm current requirements with a Florida family law attorney rather than assuming the premarital statute controls.
One thing the premarital statute does apply directly, by its own terms: a child's right to support cannot be adversely affected by any premarital agreement, and the same principle holds generally for a postnuptial agreement, since child support belongs to the child, not something the parents can privately sign away.
Frequently Asked Questions
How much does a postnuptial agreement cost in Florida?
There is no state-set fee, because a postnuptial agreement is a private contract, not something you file with the court when you sign it. Your main cost is typically an attorney drafting or reviewing the agreement with each spouse, plus a small notary fee. Florida does not publish a rate schedule for this work, so get a specific quote before you start.
Is a postnuptial agreement legal in Florida?
Florida law does not have a dedicated statute for agreements signed during a marriage the way it does for premarital agreements under Section 61.079. That does not make a postnuptial agreement illegal, but it does mean its terms and enforceability are evaluated under general contract principles rather than a specific statutory checklist.
What is the difference between a prenup and a postnup in Florida?
The only difference in timing is when you sign: a prenup is signed before the wedding and becomes effective at marriage, a postnup is signed after. Florida's Uniform Premarital Agreement Act, Section 61.079, by its own definition applies only to agreements made "in contemplation of marriage," meaning before it happens, so it does not govern agreements signed later.
Do you have to file a postnuptial agreement with a Florida court?
No. It is a contract between spouses, kept privately, not a court pleading. You do not file it with the clerk of court when you sign it. If the marriage later ends in divorce, the agreement can become relevant to the case and may need to be produced as part of the proceeding.
What can a Florida postnuptial agreement cover?
Couples commonly use them to address how property and debts acquired during the marriage will be characterized or divided, and how spousal support would be handled if the marriage ends. A postnuptial agreement cannot cut off a child's right to support, since that right belongs to the child, not the parents.
Does Virdix prepare postnuptial agreements?
No. Virdix prepares Florida uncontested divorce paperwork, guiding you through the official Family Law Forms for a simplified or standard uncontested dissolution. It does not draft postnuptial or marital agreements. See what Virdix covers in Florida on the Florida page.
How Virdix Helps
Virdix does not draft postnuptial or premarital agreements. What it does prepare is your Florida uncontested divorce paperwork, using the official Florida Family Law Forms, if and when you need to file. If you already have a postnuptial agreement and later file for divorce, Virdix helps you build a complete, consistent petition and the supporting forms that go with it.
See What Virdix Covers in Florida →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or a licensed Florida attorney.
Sources: Section 61.079, Florida Statutes, Uniform Premarital Agreement Act (leg.state.fl.us)