Healthcare billionaire Miguel 'Mike' Fernandez, 73, filed for divorce on April 16, 2026 in Miami-Dade County from his wife of 25 years, Constance Tolevich Fernandez, 61, and is asking a Florida court to enforce a prenuptial agreement signed on their 2001 wedding day that caps her recovery at $1 million — roughly 0.1% of his estimated $1 billion fortune. Under Fla. Stat. § 61.079, Florida's Uniform Premarital Agreement Act, the prenup will be enforced unless Constance proves it was signed involuntarily, was unconscionable, or lacked fair financial disclosure. A hearing is scheduled for early June 2026.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Mike Fernandez filed for divorce and moved to enforce a $1M prenuptial agreement |
| When filed | April 16, 2026; hearing set for early June 2026 |
| Where | Miami-Dade County Circuit Court, Florida |
| Who's affected | Miguel 'Mike' Fernandez (73) and Constance Tolevich Fernandez (61) |
| Length of marriage | 25 years (married 2001) |
| Estate at stake | ~$1 billion, including Coral Gables waterfront estate and $6M in jewelry |
| Key statute | Fla. Stat. § 61.079 — Uniform Premarital Agreement Act |
Source: Yahoo Entertainment / People
Why This Matters Legally
This case will test the outer limits of prenuptial agreement enforcement in Florida when the financial disparity is extreme. Florida courts strongly favor enforcing prenups — since the 2007 adoption of the Uniform Premarital Agreement Act, over 90% of challenged prenups in reported Florida appellate decisions have been upheld. But a $1 million cap on a $1 billion estate represents a roughly 1,000-to-1 ratio that invites scrutiny under the "unconscionability" doctrine.
The central legal question is whether Constance can meet the high burden set by Fla. Stat. § 61.079(7). She must prove one of three things: she signed involuntarily, the agreement was unconscionable when signed AND she lacked adequate financial disclosure, or she did not voluntarily waive disclosure in writing. The "pop-up" wedding detail reported by People could become central — Florida courts have set aside prenups signed hours before a ceremony when duress is proven, as in Lashkajani v. Lashkajani (Fla. 2nd DCA 2006). But timing alone is not enough; the challenger must also demonstrate lack of meaningful choice.
How Florida Law Handles This
Florida is one of the most prenup-friendly states in the nation. Fla. Stat. § 61.079 requires only that the agreement be in writing and signed by both parties — no consideration is required, and the statute explicitly states that premarital agreements "shall be enforceable without consideration other than the marriage itself."
The burden of proof rests entirely on the challenging spouse under Fla. Stat. § 61.079(7)(a). That is the opposite of states like California, where the proponent must prove enforceability. Constance Fernandez will need to establish by a preponderance of the evidence that:
- She did not sign voluntarily (coercion, duress, or lack of independent counsel)
- The agreement was unconscionable when executed
- She was not provided fair and reasonable disclosure of Mike's property and financial obligations
- She did not voluntarily and expressly waive, in writing, any right to disclosure beyond what was provided
- She did not have, or reasonably could not have had, adequate knowledge of his property and financial obligations
Notably, Florida does not apply a "second look" doctrine — courts will not revisit a prenup based on changes in circumstances during the marriage, even after 25 years. Under Fla. Stat. § 61.075, equitable distribution of marital assets would normally presume a 50/50 split, but a valid prenup overrides that default entirely. The Coral Gables waterfront estate and the $6 million jewelry collection will be categorized as marital or non-marital based solely on the prenup's terms and how title was held during the marriage.
Practical Takeaways for Florida Couples
If you're considering a prenup — or challenging one — in Florida, here are seven concrete action items:
- Sign the agreement at least 30 days before the wedding. Florida does not require a minimum waiting period, but same-day signings invite duress challenges.
- Use separate attorneys. Shared counsel or no counsel on the less-wealthy spouse's side is the single biggest enforcement vulnerability.
- Attach a full financial schedule. Disclose every asset, liability, income source, and business interest. Omissions are fatal.
- Include a written disclosure waiver if either spouse declines full disclosure — required under Fla. Stat. § 61.079(7)(a)(3).
- Avoid unconscionable terms. A cap that leaves one spouse destitute after decades of marriage invites close judicial scrutiny even in Florida.
- Document the negotiation. Save drafts, emails, and meeting notes. These refute later claims of duress.
- Revisit the agreement post-marriage. Florida allows postnuptial amendments under Fla. Stat. § 61.079(6) if significant changes occur — such as a business reaching billion-dollar valuation.
For spouses on the receiving end of enforcement, act quickly. Florida's statute of limitations for challenging a prenup runs from the date of filing for dissolution, not the date of signing — meaning Constance's clock started on April 16, 2026.
What to Watch in the June 2026 Hearing
The early June 2026 hearing will likely focus on two preliminary issues: whether Constance received independent legal advice before signing, and whether Mike's 2001 financial disclosures accurately reflected his net worth at that time. Fernandez sold MBF Healthcare Partners assets in multiple transactions over the past two decades, meaning his 2001 net worth was a fraction of today's $1 billion estimate. If the disclosure was accurate for 2001 and she had counsel, the prenup is likely to stand.
FAQs
Can a Florida judge throw out a prenup if it seems unfair after 25 years of marriage?
No, not based on fairness alone. Under Fla. Stat. § 61.079(7), unconscionability is measured at the time the prenup was signed, not at the time of divorce. Even a $1 million cap on a $1 billion estate after 25 years cannot be voided solely because the disparity grew — the challenger must prove defects existed in 2001.
What counts as adequate financial disclosure for a Florida prenup?
Florida requires "fair and reasonable" disclosure of property and financial obligations, typically a detailed schedule attached to the prenup listing all assets, liabilities, income, and business interests. Under Fla. Stat. § 61.079(7)(a)(2), the challenger must prove she lacked this disclosure AND did not waive it in writing — both elements are required.
Does Florida require both spouses to have their own lawyer before signing a prenup?
No, Florida does not legally require independent counsel, but the absence of separate attorneys is the most common ground for overturning prenups. In the 2006 Lashkajani case, the Florida Second DCA emphasized independent counsel as a key factor. Best practice: both spouses should have their own attorney at least 30 days before signing.
How is the Coral Gables estate treated if the prenup is enforced?
If the prenup is enforced, the Coral Gables waterfront property will be distributed according to its terms — not under Florida's equitable distribution default in Fla. Stat. § 61.075. Title, contribution history, and prenup language will determine ownership. Mike Fernandez reportedly purchased the estate before marriage, making it presumptively non-marital property.
What if I signed a prenup in Florida the same day as my wedding?
Same-day signing does not automatically void a prenup in Florida, but it strengthens a duress argument under Fla. Stat. § 61.079(7)(a)(1). You must also show meaningful evidence of coercion — threats to cancel the wedding, no opportunity to consult an attorney, or refusal to negotiate terms. File any challenge promptly after divorce proceedings begin.
Talk to a Florida Divorce Attorney
High-asset Florida divorces involving prenups require specialized legal expertise — particularly when disclosure, duress, or unconscionability claims are in play. Whether you're drafting a prenup, challenging one, or navigating a divorce with significant assets, consulting a board-certified Florida family law attorney early protects your position.
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.