Florida law permits prenuptial agreements to modify or eliminate alimony rights, subject to the same enforceability requirements that govern the agreement as a whole. A complete alimony waiver is permissible if it was entered into voluntarily and with full financial disclosure. However, courts retain the authority to award alimony if enforcement of the waiver would leave one party eligible for public assistance — a protection built into the statute that cannot be contracted away.
For Boca Raton couples where one party has significantly greater wealth or earning capacity, the alimony provisions of a prenuptial agreement often require the most negotiation. A prenuptial agreement attorney helps clients identify what terms are realistic given the circumstances of the relationship and drafts provisions that accomplish the intended result without creating grounds for a future challenge.
