MIAMI, Florida. If your prenuptial agreement includes provisions for alimony or other financial arrangements in the event of divorce, it may be time to revisit your agreement. Recent changes in both Florida family law and federal tax law have reshaped how alimony and marital property are handled — and outdated prenups could cost you significantly more than expected.
How Federal Tax Law Changed Alimony Payments
Under the Tax Cuts and Jobs Act (TCJA), the rules for alimony taxation changed dramatically. Before 2019, alimony payers could deduct their payments from taxable income, while the receiving spouse had to report those payments as income.
However, for divorce or separation agreements executed after December 31, 2018, that tax benefit was eliminated. The payer can no longer deduct alimony, and the recipient no longer pays taxes on it.
These rules remain in effect through 2025 — and possibly beyond — unless Congress takes action. For many high earners in Florida, this has created a serious financial burden. Prenuptial agreements drafted before 2019 often assume the payer would receive a tax deduction, meaning those agreements may now result in far higher after-tax costs.
Florida’s 2023 Alimony Reform: What It Means for You
In July 2023, Florida passed Senate Bill 1416, dramatically reforming alimony laws.
Key updates include:
- Elimination of permanent alimony. Florida courts can now only award temporary, bridge-the-gap, rehabilitative, or durational alimony.
- Duration limits. Durational alimony is capped at 50% of the marriage length for marriages under 20 years, with limited exceptions.
- Modification rules. Courts now have clearer authority to modify or terminate alimony when the paying spouse retires.
If your Florida prenuptial agreement or marital settlement references “permanent alimony,” or uses formulas based on pre-2023 law, those provisions may no longer be enforceable or realistic.
Why You Should Revisit Your Prenuptial Agreement
Even if you’re happily married, reviewing your prenup every few years — or after major legal or financial changes — is a smart move. In Florida, a review is especially important if:
- Your income or assets have changed significantly since signing the prenup
- You’ve moved to Florida from another state (different laws may apply)
- You now own a business or professional practice
- You or your spouse plan to have children
- Your prenup references outdated alimony or tax terms
Under Florida Statutes § 61.079, a prenuptial agreement must be entered into voluntarily, with full financial disclosure. Older prenups may not meet current standards — which could make them vulnerable to challenge in divorce court.
Using a Postnuptial Agreement to Update Your Prenup
If you’re already married, you can modify your existing agreement through a postnuptial agreement. A postnup allows couples to update financial terms, alimony expectations, and property rights without waiting for separation or divorce.
A valid postnuptial agreement in Florida must:
- Be in writing and signed by both spouses
- Include full and honest financial disclosure
- Be entered into voluntarily, without coercion
Working with an experienced Florida postnuptial agreement attorney ensures the updated document is enforceable and protects your financial interests under state law.
Other Ways to Protect Your Assets
In addition to prenuptial or postnuptial agreements, Florida couples can use trusts and estate planning tools to safeguard assets such as inheritances, investment accounts, or family businesses. A well-structured trust can complement your prenup by offering additional privacy and protection.
Every couple’s situation is unique — and your legal strategy should reflect your specific financial goals and family dynamics.
Bottom Line
The combination of the 2019 federal tax changes and Florida’s 2023 alimony reform has changed how divorce settlements work in Florida.
If your prenuptial agreement was created before these updates, it may no longer protect you as intended. Reviewing it now could save you from major financial surprises later.
Your prenup should evolve with your life — and the law.
At Sandy B Becher PA, our experienced Florida family law attorneys help clients review, draft, and update prenuptial and postnuptial agreements to reflect current tax laws and alimony rules.
Whether you’re preparing for marriage or want to update an existing agreement, we’ll help you protect your assets and your peace of mind.
