Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements

A Florida prenuptial agreement, beyond determining what happens to assets and debts if there is a divorce, can protect assets at death. This may be helpful to a party who wishes, for example, to protect assets for his or her children. This was an issue in the case Holguin v. In re Lourido, 3D24-0014 (Fla. 3d DCA September 17, 2025).

This is a probate case involving the decedent’s second wife and the decedent’s adult children. The decedent’s will specifically disinherited the second wife, but she brought a challenge to the will. The adult children filed a motion for summary judgment citing a prenuptial agreement entered between the decedent and the second wife which provided:

8. Release. Except as otherwise provided in this agreement, each party releases all claims or demands in the property or estate of the other, however and whenever acquired, including acquisitions in the future.

The children also pointed to a memorandum of understanding entered between the spouses shortly before their father’s death which had a clause stating:

Notwithstanding the preceding or anything to the contrary in this MoU and/or the prenuptial agreement, in any case each of the parties hereby reciprocally releases the other party from all and/or any claims over the marital partnership, community property claims, rights and/or interests under the laws of any jurisdiction, in relation to the properties held, either directly or indirectly, by the other party, as well as from any and all income or increases thereof.

The trial court entered summary judgment against the wife and she appealed.

The appellate court affirmed, holding “Based on the record before us, the trial court did not err in determining that there is no genuine issue of material fact that [the wife] lacks standing to contest the Will. The unrefuted record shows that [the wife] signed valid and enforceable agreements before she was married, in which she agreed to release all present and future claims against the Estate. We therefore affirm summary judgment in favor of the Children.”

Contact a Miami family law attorney to understand how a prenuptial agreement can help you.