January 14, 2026
By: R. Gregory Hyden
“A new year brings new beginnings. A prenup helps couples protect what matters most and plan their financial future together.”
Part 2 of this series will explore how modern prenuptial agreements are designed to protect assets, promote fairness, and guide couples through financial planning. Part 1 examined evolving perceptions of prenups, and Part 3 will highlight emerging trends, potential litigation impacts, and what happens if a prenup is contested.
With the swift social changes in attitudes and rates of divorce, including the rapidly emerging “grey divorces,” people of every generation are rethinking their views of prenuptial agreements. Today’s prenups offer protections that extend beyond wealth and second marriages to address fairness, transparency, and mutual planning.
What Does a Modern-Day Prenuptial Agreement Aim to Protect?
Prenups were once relatively rare and typically requested only by the most sophisticated and affluent clients. Today, they are extremely common. A decade ago, you may have had one or two married friends who had a prenup. Today, especially among Millennials, you may have only one or two married friends who do not have one.
While each couple brings unique circumstances—different assets they wish to protect and liabilities they wish to be protected against—many Millennials are seeking parity and fairness in both the regulation of their marriage and the dissolution of their marriage. Many Millennials are children of divorced Baby Boomers and want to avoid the fights they witnessed growing up. This is where prenups can help clarify expectations, protect assets, and establish fairness for both partners.
What Could a Prenuptial Agreement Include in Florida?
Each state has its own laws and regulations, and Florida has a robust statutory and case law framework. Rather than think only about what a prenuptial agreement can include, it is often easier to think about what cannot be regulated:
- Parental responsibility or timesharing with minor children is generally unenforceable, as a court must ultimately decide on what is in the best interests of the minor children.
- Temporary relief, including temporary alimony and attorney’s fees, is also generally unenforceable under the Belcher decision and its progeny.
- Provisions void under public policy, such as waiving child support, dictating child custody, or regulating sexual conduct.
Given the complexities of what can and cannot be regulated, couples should discuss these issues in detail with an attorney.
How Does a Couple Establish a Prenuptial Agreement?
While no two couples are alike, there are key steps recommended for establishing a prenup:
- Talk openly: Sit down and discuss fears, concerns, and what you wish to protect and why. At appropriate times, families may be included. Ideally, this occurs well before retaining an attorney.
- Disclose assets and liabilities: Make a full list of assets and debts to ensure transparency and mutual understanding.
- Consider economic outcomes: Think about what your financial life should look like if the marriage ends. Although difficult, this is critical for drafting a prenup.
- Retain legal counsel: While not legally required, it is foolhardy not to. An attorney can help with every step of the process, including facilitating discussions, proposing creative solutions, and bringing in therapists or mediators.
- Maintain ongoing dialogue: Speak freely and frequently throughout the process. Attorneys should work amicably with opposing counsel. Remember, the attorney’s role is legal guidance, not therapy.
- Avoid last-minute agreements: Entering a prenup too close to the wedding can suggest duress. Allow ample time, or consider post-marital ratification if necessary.
Modern prenups are about clarity, fairness, and responsible planning, not expecting divorce. Approached thoughtfully, they allow couples to define financial expectations, protect assets, and build a strong foundation for their shared future.
Final Thoughts
As part of the series, The Prenup Era: Why Every Generation Should Be Thinking Ahead, Part 2 emphasizes that modern prenuptial agreements are customizable, legally sound, and structured to promote open communication—making them a vital tool for couples across generations. As you entire the new year, consider approaching your financial future like a New Year’s resolution: set intentions, plan thoughtfully, and create a foundation for clarity and fairness. Prenuptial agreements can vary from state to state, so it is important to ensure compliance with the laws of the couple’s state of residence.
Questions?
Contact GrayRobinson Shareholder Gregory Hyden or a member of the Marital and Family Law Practice.