Hahamovitch v. Hahamovitch — When A Prenup “Wins” in Court

Prenuptial agreements are increasingly common tools for couples in Florida who wish to define the disposition of property, financial claims, and rights prior to marriage. But questions often arise later: just how broad can a prenup be? Can one spouse really waive any future claim to property that the other spouse acquires, even decades into the marriage? In 2015, the Florida Supreme Court answered those questions in Hahamovitch v. Hahamovitch. 

Background of the case 

In 1989, prior to marrying, the parties signed a prenuptial agreement. The agreement contained language stating in effect that each spouse would retain sole ownership and control over property in their name, that neither would claim any interest in the other’s property, and that all rights and claims that might arise from the marriage were waived by the wife.

The marriage lasted 22 years, during which the couple had two children. In 2008, they filed for divorce. The wife challenged the prenup, particularly arguing that it should not bar her from sharing in marital gains. For example, assets titled in the husband’s name that were acquired or appreciated during the marriage, or value increases resulting from marital efforts.

At trial, the prenup was upheld. The court of appeals agreed, and eventually the case reached the state’s highest court to resolve a conflict among various appellate courts about how broadly a prenup can waive marital property claims.

The appeal 

The core question presented was:

When a prenuptial agreement provides that neither spouse will ever claim interest in the other’s property, declares that each spouse will remain sole owner of property purchased in his or her own name, and contains broad waivers and releases of all rights and claims arising from the marriage  —  does that language waive a spouse’s right to share in assets titled in the other spouse’s name, even if acquired during the marriage or appreciated in value due to marital efforts?

On September 10, 2015, the Florida Supreme Court answered yes. The Court held that such broadly drafted prenups are valid and enforceable under Florida law, even if the agreement does not explicitly reference enhanced value, marital earnings, or post-marriage acquisitions.

Key takeaways from the case 

• Prenups can be broad if done right – This case underscores that a prenup need not micromanage every conceivable asset or growth scenario. With clear language, parties can effectively contract away future claims to property.

• Waiver is powerful, but requires careful drafting – Because the language of Hahamovitch was not just a narrow waiver but a sweeping release of all claims, the court found the agreement enforceable.

• Contract law applies, not special exceptions – The Supreme Court treated the prenup as a contract governed by ordinary contract law principles. Since the agreement was unambiguous and voluntarily executed by both parties, the plain meaning controlled the outcome.

Talk to a Orlando, FL, Family Law Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents who want to draft a prenuptial agreement. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.