Prenuptial
Agreement Waivers
By K. Dean Kantaras and Jennifer H. Cavill
Until 2015, jurisdictions were
divided about whether broad
or specific language was
required to waive rights in
a prenuptial agreement. For example,
funds earned during the marriage are
considered marital funds, regardless of
who earned the funds. Likewise, any
asset purchased or enhanced with those
marital funds, regardless of whether the
asset was acquired prior to the marriage,
becomes a marital asset, or at least
has a marital component to which the
other spouse is entitled. If it is a party’s
intention to keep his or her funds earned
during the marriage as his or her separate,
non-marital property, then, prior to 2015,
a prenuptial agreement must expressly
state that the other spouse is waiving
his or her right to funds earned by the
other spouse during the marriage. If an
agreement did not include such a specific
waiver, then the funds were marital, and
assets acquired or enhanced by those
funds have a marital component. See the
2nd DCA case of Irwin v. Irwin, 857 So.2d
247 (Fla. 2nd DCA 2003).
Similarly, an asset’s enhanced value
due to a party’s marital labor or marital
effort results in that enhanced value
having a marital component to which
both parties are entitled. Much like
with funds earned during the marriage,
prior to 2015, if it is a party’s intention
to keep an asset’s enhanced value, due
to marital effort or marital labor, as a
party’s separate, non-marital asset, then
a prenuptial agreement must specifically
state so. See Valdes v. Valdes, 894 So.2d
264 (Fla. 3rd DCA 2003).
In 2014, the 4th DCA decided the case
of Hahamovitch v. Hahamovitch, 133
So.3d 1008 (Fla. 4th DCA 2014) where the
parties’ prenuptial agreement included
a general release where the Wife waived
any right to any of the Husband’s
property, including her right to any kind
of alimony, support and maintenance,
equitable distribution, division of
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in the value of such property. The
language of the agreement was broad
enough to waive the wife’s right to any
asset titled in the husband’s name that
was acquired during the marriage or
that appreciated in value due to marital
income or efforts during the marriage.”
Furthermore, the Court held that when
reading the provisions of the agreement
together, it is sufficient to waive future
enhancement of non-marital property,
even if it is due to marital earnings or
labor. This case was then affirmed by the
Florida Supreme Court in Hahamovitch
v. Hahamovitch, 174 So. 3d 983, 984
(Fla. 2015). Accordingly, broad general
waivers may be sufficient where specific
waivers were once required. For more
information on prenuptial agreements,
contact K. Dean Kantaras, P.A. 727-781-
0000. 9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for over
nineteen years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than one percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. His offices are located at 3531
Alternate 19, Palm Harbor, 34683, (727) 781-
0000 and 1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.Kantaraslaw.com.
Jennifer Cavill, Esq. is an Associate Attorney
at the firm. She is a member of the Florida
Bar, the United States District Court-Middle
District of Florida, Clearwater Bar and St.
Petersburg Bar Associations and Canakaris
Inn of Court.
LAARWT
K. Dean Kantaras, Esq.
property, special equities, attorney’s fees,
or any other rights regarding financial
issues. The agreement also provided that
each party would solely own his or her
property acquired prior to or during the
marriage, that neither party will make a
claim against the other party’s property
owned as of the date of marriage, and
that if property is acquired during the
marriage by one party and titled in
that party’s individual name, then the
property is solely owned by that party.
However, there were no specific waivers
of rights to funds acquired during the
marriage due to marital effort or marital
labor or specific waivers of rights to
enhancement in value.
Despite this, the 4th DCA found
that “under the plain language of the
prenuptial agreement, the wife waived
and released claims to property or assets
owned by the husband at the time of the
agreement, or acquired in his own name
thereafter, including any enhancement