Why Prenups Protect Both Partners (Not Just the Wealthier Spouse)

By: Jarbath Peña Law Group

The word "prenup" often conjures images of wealthy celebrities or a lack of romantic faith. Many people see prenuptial agreements as a one-sided tool, designed solely to protect the assets of the wealthier spouse in case of a divorce. This common misconception can make bringing up the topic feel awkward or even insulting. But this view is outdated and misses the true purpose of a well-drafted prenup: to provide clarity, security, and protection for both partners.

A prenuptial agreement is fundamentally a financial planning tool. It allows couples to have open, honest conversations about money, expectations, and the future before saying “I do.” Rather than planning for failure, a prenup sets clear expectations so both individuals enter the marriage aligned and informed. At Jarbath Pena Law Group, we help couples see prenups not as a sign of distrust, but as a mark of mutual respect. This guide breaks down the myths and highlights how modern prenups safeguard both spouses—not just the wealthier one.

Moving Beyond the Myth: Prenups Are About Fairness, Not Fear

The idea that only the rich benefit from prenups stems from misunderstanding. While protecting existing assets is one function, today’s prenuptial agreements are highly customizable and can address a wide range of financial issues that matter to all couples—not just high-net-worth families.

Think of a prenup like car insurance: you don’t buy insurance because you expect an accident; you buy it because you want protection if something unexpected happens. A prenup works the same way. Couples hope never to use it, but if they do, it can prevent a drawn-out, stressful, and expensive divorce.

By making decisions in a calm, loving environment—rather than during conflict—couples remove many of the common sources of animosity that arise during separation.

How Prenups Protect the Less Wealthy Spouse

Contrary to popular belief, prenuptial agreements can offer substantial benefits for the spouse with fewer assets or lower income. Without a prenup, Florida state law controls what happens in a divorce—something that can be unpredictable and not necessarily aligned with the couple’s true intentions.

A prenup lets couples define their own terms, often creating more protection for the spouse with fewer financial resources.

1. Guaranteeing Spousal Support (Alimony)

A prenup can specify the terms of spousal support, or alimony. It can set a predetermined amount, duration, or even a formula for calculating support. This provides a safety net for a spouse who plans to leave the workforce to raise children or support the other's career. Instead of leaving this crucial issue to a judge’s discretion years down the line, a prenup can guarantee a level of financial support, ensuring the stay-at-home parent or lower-earning spouse is not left in a precarious financial position after a divorce.

2. Protecting from the Other Spouse’s Debts

Marriage isn't just about sharing assets; it's also about sharing liabilities. A prenup can clarify that each partner is responsible for the debts they bring into the marriage. More importantly, it can protect one spouse from debts accumulated by the other during the marriage. If one partner has a history of poor financial decisions or plans to take on significant student loan or business debt, a prenup can shield the other spouse's assets from creditors.

3. Ensuring a Fair Division of Future Assets

Prenups can determine how marital assets will be divided in a way that feels fair and reflective of each person’s contributions. For example, if one spouse makes a large down payment on the marital home, the prenup can specify that the down payment remains that spouse’s non-marital asset and that they are reimbursed first before any remaining equity is divided. Under current Florida law, without a prenup, that large contribution would typically be split 50/50—even if the couple had a different understanding or even exchanged emails outlining another plan. Without a legally compliant prenuptial agreement, verbal agreements or informal arrangements may not be honored, particularly if the law changes in the future.

How Prenups Benefit Both Partners Equally

Contrary to popular belief, prenuptial agreements can offer substantial benefits for the spouse with fewer assets or a lower income. Without a prenup, Florida law dictates what happens during a divorce—an outcome that can be unpredictable and not always aligned with what the couple originally intended. A prenup allows couples to define their own terms, often creating more protection for the spouse with fewer financial resources.

1. Fostering Open Communication

The process of drafting a prenup requires couples to have candid conversations about money—a topic many avoid. It forces you to discuss your assets, debts, financial goals, spending habits, and expectations for the future. This transparency builds a strong foundation for the marriage and helps prevent future conflicts over finances, which are a leading cause of marital stress.

2. Protecting Family Businesses and Inheritances

If one or both partners expect to receive a family inheritance or are involved in a family business, a prenup is essential. It can designate these assets as separate property, ensuring they remain within the family. This not only protects the asset for the intended recipient but also relieves the other spouse from becoming entangled in potentially complex family business disputes during a divorce.

3. Clarifying Financial Roles and Responsibilities

A prenup can be used to outline financial responsibilities during the marriage. Will you have joint or separate bank accounts? Who will be responsible for paying the mortgage, bills, or saving for retirement? Laying out these expectations in writing can help couples manage their day-to-day finances more effectively and avoid misunderstandings.

4. Reducing the Cost and Conflict of Divorce

Should the marriage end, a prenup can significantly reduce the emotional and financial toll of divorce. When key financial issues have already been decided, there is simply less to fight about. This leads to a faster, less expensive, and far less adversarial process. Both partners can save thousands in legal fees and avoid the prolonged stress of a courtroom battle, allowing them to move forward more quickly.

The Importance of a Fair and Enforceable Agreement

For a prenuptial agreement to be valid, it must be fair and adhere to specific legal requirements. In Florida, both parties must provide full and fair financial disclosure. The agreement must be in writing and signed voluntarily, without any evidence of fraud, duress, or coercion.

Crucially, both partners should have their own independent legal counsel. While legal counsel is not technically required, it is highl advisable. This ensures that each person fully understands the terms of the agreement and their rights. An attorney can advocate for their client's interests and help draft a balanced document that protects both parties. Attempting to draft a prenup without legal guidance can easily result in an agreement that is unfair or unenforceable in court.

How Jarbath Pena Law Group Can Help

Discussing a prenuptial agreement can be delicate, but it is one of the most financially prudent steps a couple can take before marriage. It is an act of foresight and mutual respect that lays the groundwork for a secure future, no matter what lies ahead.

The experienced attorneys at Jarbath Pena Law Group approach prenuptial agreements with the sensitivity and expertise they require. We can help you understand your rights, facilitate open conversations, and draft a comprehensive agreement that is fair to both partners. We work to create a document that protects your individual interests while strengthening your partnership, allowing you to enter your marriage with confidence and peace of mind.

If you are considering a prenuptial agreement and want to ensure it protects both you and your partner, contact Jarbath Pena Law Group. Call us at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation.