Prenuptial agreements are powerful legal tools that allow couples to define financial expectations and protect their assets before getting married. In Florida, a valid prenup can cover a wide range of financial matters—but understanding exactly what assets can be included is essential to ensure enforceability and fairness.



At the Law Office of Ric Woodward, we guide Melbourne couples through the process of creating prenuptial agreements that reflect their goals and protect their financial interests. Here’s a breakdown of the types of assets that can be addressed in a Florida prenup.

Assets Commonly Covered in a Florida Prenuptial Agreement

1. Real Estate Property
   This includes any homes, land, rental properties, or vacation homes that one or both parties owned prior to the marriage. The agreement can state who will retain ownership if the marriage ends.
2. Business Interests
   If either party owns a business or has a stake in a partnership, the prenup can detail how the business will be treated in a divorce—helping to protect future growth or ensure continuity of ownership.
3. Retirement Accounts and Pensions
   401(k)s, IRAs, pensions, and other retirement savings can be classified in a prenuptial agreement to determine how they will be divided, if at all, upon divorce.
4. Investments and Stocks
   Ownership of brokerage accounts, mutual funds, stock portfolios, and cryptocurrency can all be addressed, including how future gains or losses will be handled.
5. Bank Accounts and Savings
   The agreement can distinguish between pre-marital savings and joint accounts, setting expectations for how funds will be managed during the marriage and divided in the event of divorce.
6. Personal Property
   This may include valuable items such as jewelry, art, collectibles, or vehicles. A prenup can clarify which items are separate property and which may be subject to division.
7. Debts and Liabilities
   Prenuptial agreements aren’t just about assets—they can also outline responsibility for existing or future debts, protecting one spouse from the other's financial obligations.
8. Inheritance and Family Gifts
   If one party is expected to receive an inheritance or significant family gifts, a prenup can help ensure those assets remain separate property and aren’t divided during divorce.

What Can’t Be Included in a Florida Prenup?

While prenups can cover many financial matters, they cannot determine child support or custody arrangements. These issues are always decided by the court based on the best interests of the child at the time of divorce.

Why a Prenuptial Agreement Matters

Creating a prenuptial agreement isn’t about anticipating failure—it's about protecting what matters most and reducing conflict in the event of divorce. It brings transparency to a couple’s financial relationship and provides peace of mind.

If you're considering marriage in Florida and want to protect your financial future, the Law Office of Ric Woodward can help you craft a legally sound and personalized prenuptial agreement. We provide legal assistance to individuals and couples throughout Melbourne and the surrounding communities.