You may already have a very good idea about what you want to put in your prenup, and most of it is probably assets. You’re just trying to protect yourself in case of a divorce so that you don’t lose a serious amount of wealth. While that’s fine, it’s also wise to take a minute to think about the following things that you’re legally not allowed to put in your prenuptial agreement in Florida.
1. Anything regarding child support. If you and your spouse have kids and split up, the court will only then determine what child support is needed. You are not allowed to say that you’ll only pay a certain amount or that you’ll pay nothing—even if your spouse agrees to it—because that’s thought to be unfair to the children. After all, they didn’t agree, and they are the ones who the support money is for.
2. Anything about child custody. Again, this will be decided in court. If your spouse says that you get full custody in the prenup, the court will ignore that and determine on its own who should have custody, based on facts like your criminal history, your income levels, the children’s needs, who cares for the kids, and more.
3. Anything that promotes divorce. For example, if you offer your spouse a substantial amount of money to pursue a split, you can’t add that to your prenup. The prenup is to protect you during divorce, not to make it more likely.
4. Anything that would break the law. This is very uncommon, but it’s worth noting that nothing that is illegal can be put into a prenup.
Source: FIndLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Dec. 31, 2015