Healthcare billionaire Miguel "Mike" Fernandez, 73, filed for divorce from Constance Tolevich Fernandez, 61, on April 16, 2026, after 25 years of marriage, seeking to enforce a prenuptial agreement signed on their informal "pop-up" wedding day that caps her recovery at $1 million against his nearly $1 billion fortune, according to People and AOL. For Florida residents, the June 2026 hearing will test how aggressively state courts enforce rushed prenups under Fla. Stat. § 61.079.
Key Facts
| Detail | Information |
|---|---|
| What happened | Mike Fernandez filed to enforce $1M prenup against ~$1B estate |
| When filed | April 16, 2026 (hearing set for June 2026) |
| Where | Miami-Dade County, Florida |
| Who's affected | Mike Fernandez (73), Constance Tolevich Fernandez (61), 25-year marriage |
| Key statute | Fla. Stat. § 61.079 (Premarital Agreement Act) |
| Disputed assets | Coral Gables waterfront estate, ~$6M in jewelry, business interests |
| Practical impact | Court will rule on voluntariness and duress in rushed prenup signings |
Why this matters legally
This case will set a practical benchmark for how Florida courts treat "pop-up" or last-minute prenuptial agreements. Florida adopted the Uniform Premarital Agreement Act in 2007, and under Fla. Stat. § 61.079(7), a prenup is unenforceable only if the challenging spouse proves it was not signed voluntarily, was the product of fraud, duress, coercion, or overreaching, or was unconscionable when signed without adequate financial disclosure. The statutory burden sits squarely on the spouse trying to invalidate the agreement — a high bar even for spouses facing nine-figure asset gaps.
The Fernandez dispute squarely tests the "voluntariness" prong. Florida courts have repeatedly enforced prenups signed days, hours, or even minutes before a wedding, provided the challenging spouse had genuine opportunity to review terms and seek counsel. In the controlling case Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005), the Florida Supreme Court emphasized that emotional pressure tied to an upcoming wedding does not, standing alone, constitute legal duress. A 25-year marriage followed by a billion-dollar disparity is precisely the fact pattern that triggers an aggressive challenge — and a Florida court must decide whether longevity changes the analysis.
How Florida law handles prenuptial agreements
Florida law presumes prenuptial agreements are valid and enforceable. The challenger must overcome that presumption with clear evidence under Fla. Stat. § 61.079(7). Three doctrines will dominate the June 2026 hearing.
First, voluntariness. The court will examine whether Constance had independent counsel, whether she understood the document she signed, and whether she had a meaningful opportunity to refuse. Florida courts have enforced prenups signed within hours of a ceremony when the challenging spouse received the draft days earlier. The "pop-up wedding" framing is dramatic, but Florida case law focuses on factual access to information, not the ceremony's formality.
Second, financial disclosure. Under Fla. Stat. § 61.079(7)(a)(3), a prenup signed without fair and reasonable financial disclosure may be voided if the challenging spouse did not waive disclosure in writing and lacked adequate independent knowledge. With Mike Fernandez running a publicly profiled healthcare conglomerate in 2001, Constance's ability to argue she lacked knowledge of his financial scale will be heavily fact-dependent.
Third, unconscionability. A prenup capping recovery at $1 million on a $1 billion estate represents a 0.1% allocation after 25 years of marriage. Florida courts measure unconscionability at the time of signing, not at divorce — meaning the $999 million appreciation since 2001 does not, by itself, void the agreement. Equitable distribution under Fla. Stat. § 61.075 is a default rule that prenups can lawfully override.
Florida also recognizes that prenups can waive alimony entirely. Under Fla. Stat. § 61.079(4)(a)(4), spouses may contract around spousal support obligations that would otherwise apply under Fla. Stat. § 61.08, the alimony statute amended in July 2023 to eliminate permanent alimony. A waiver provision in the Fernandez prenup would close off any backdoor argument for ongoing support, even after a 25-year marriage that would otherwise qualify as long-term under Florida's revised alimony framework.
Practical takeaways for Florida residents
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Sign prenups at least 30 days before the wedding date. Florida courts give weight to documented review periods. A 30-day window between signing and ceremony substantially weakens any future duress claim.
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Get independent legal counsel — and document it. Each spouse should retain a separate attorney, with engagement letters dated well before signing. Joint counsel or unrepresented signing is the single most common ground for later challenges under Fla. Stat. § 61.079.
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Attach full financial schedules to the prenup. Lists of assets, liabilities, business interests, and income sources should be incorporated as exhibits. Vague disclosures invite challenges 10, 20, or 25 years later.
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Address appreciation explicitly. Florida treats appreciation of nonmarital assets as marital if marital labor or funds contributed to growth, under Fla. Stat. § 61.075(6)(a)(1)(b). Prenups should specify how business growth, investment returns, and real estate appreciation will be characterized at divorce.
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Update prenups after major life changes. The birth of children, sale of a business, or relocation to Florida from another state can trigger reasons to amend. Florida permits postnuptial amendments under the same statutory framework.
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Preserve evidence of the signing. Witnesses, video, attorney notes, and contemporaneous emails about review of the document protect enforceability decades later.
Frequently asked questions
Can a Florida prenup be thrown out if it was signed on the wedding day?
Not automatically. Under Fla. Stat. § 61.079(7), the challenging spouse must prove the signing was involuntary or the product of duress. Florida courts have enforced prenups signed within 24 hours of the ceremony when the challenger had prior access to the draft and the option to consult counsel.
How much can a Florida court award above what a prenup specifies?
Generally zero, if the prenup is enforceable. A valid Florida prenup overrides the equitable distribution default in Fla. Stat. § 61.075. Courts may award only what the agreement permits, except where the prenup itself is invalidated under Fla. Stat. § 61.079(7) for fraud, duress, or unconscionability.
Does a 25-year marriage change how Florida treats a prenup?
No. Florida measures prenup validity at the moment of signing, not at divorce. A 25-year marriage that would otherwise qualify as long-term under Fla. Stat. § 61.08 cannot, by itself, invalidate a prenup. Length of marriage matters only if the agreement is first found unenforceable.
What financial disclosure does Florida require for a valid prenup?
Florida requires fair and reasonable disclosure of property and financial obligations under Fla. Stat. § 61.079(7)(a)(3), unless the spouse waives disclosure in writing or had adequate independent knowledge. Best practice attaches schedules of all assets, liabilities, income, and business interests as exhibits to the agreement.
Can spousal support be waived in a Florida prenup?
Yes. Fla. Stat. § 61.079(4)(a)(4) expressly permits spouses to modify or eliminate alimony rights by contract. After Florida's July 2023 alimony reform eliminating permanent alimony, prenup waivers remain enforceable so long as they do not leave a spouse eligible for public assistance at the time of divorce.
If you are evaluating a Florida prenup
The Fernandez case will not change Florida statutes, but the June 2026 ruling will signal how aggressively trial courts apply voluntariness and unconscionability standards in high-asset cases. If you are signing, challenging, or enforcing a Florida prenup, browse our Florida divorce directory to find a vetted family law attorney in your county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.