Healthcare billionaire Miguel 'Mike' Fernandez, 73, filed for divorce from Constance Tolevich Fernandez, 61, on April 16, 2026, in Florida after 25 years of marriage, according to AOL. He is asking the court to enforce a prenuptial agreement signed on their 'pop-up' wedding day that caps her recovery at $1 million — a fraction of his nearly $1 billion fortune. A hearing is scheduled for June 2026.
Key Facts
| Item | Detail |
|---|---|
| What happened | Mike Fernandez filed to divorce Constance Fernandez and enforce a $1M prenup |
| When | Filed April 16, 2026; hearing set June 2026 |
| Where | Miami-Dade County, Florida |
| Who's affected | Mike (73), Constance (61), married 25+ years |
| Key statute | Fla. Stat. § 61.079 (Premarital Agreement Act) |
| Assets at stake | Coral Gables waterfront estate, ~$6M jewelry, ~$1B fortune |
Why This Matters Legally
This case tests one of the most aggressive uses of a Florida prenuptial agreement in recent high-net-worth divorce litigation. The enforceability of a $1 million cap against a spouse of 25 years — on a nearly $1 billion estate — will turn on whether the agreement survives the statutory defenses in Fla. Stat. § 61.079(7). Florida treats prenups as presumptively enforceable contracts, but the statute carves out three escape hatches: involuntariness, unconscionability paired with inadequate disclosure, and fraud. A 'pop-up' wedding-day signing raises the precise factual questions those defenses were written to address.
The stakes extend beyond the Fernandez family. Florida is a magnet jurisdiction for wealthy couples because its equitable distribution regime under Fla. Stat. § 61.075 can otherwise reach substantial marital assets after a long-term marriage. A ruling enforcing the $1 million cap would reinforce Florida's reputation as prenup-friendly; a ruling setting it aside would signal that 25 years of marriage and $1 billion of appreciation can overcome even a signed contract when the circumstances of signing look coercive. Family law attorneys across the state will read the order carefully.
How Florida Law Handles Prenups in Long-Term, High-Asset Divorces
Florida courts begin with the presumption that a prenup is valid. The party challenging it carries the burden of proof. Under Fla. Stat. § 61.079(7)(a), a premarital agreement is unenforceable only if the challenging spouse proves one of three things: (1) the agreement was not executed voluntarily; (2) the agreement was the product of fraud, duress, coercion, or overreaching; or (3) the agreement was unconscionable when executed AND the challenging spouse was not provided fair and reasonable disclosure of assets, did not waive disclosure in writing, and did not have adequate knowledge of the other party's finances.
A 'pop-up' wedding-day signing is the classic voluntariness and duress problem. Florida appellate courts have repeatedly considered how much time a spouse had to review an agreement, whether independent counsel was available, and whether refusing to sign would have meant canceling a public ceremony. In Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015), the Florida Supreme Court upheld a sweeping prenup that waived all rights to enhancement, appreciation, and income from separate property — a decision that continues to shape how trial judges view even harsh agreements. Mike Fernandez's legal team will rely heavily on Hahamovitch. Constance's team will counter with voluntariness, disclosure, and unconscionability arguments tied to the wedding-day timing.
Separately, the prenup does not automatically control every dollar. Fla. Stat. § 61.075(6) distinguishes 'marital' from 'nonmarital' assets. Appreciation of a nonmarital asset can become marital if it resulted from marital labor or marital funds. Jewelry acquired during marriage — including the roughly $6 million reportedly at issue — is generally marital absent contrary language in the prenup. Even a valid prenup must be read carefully against the asset list the court actually sees.
Alimony is a third front. Under Fla. Stat. § 61.08, as amended by Florida's 2023 alimony reform, a 25-year marriage qualifies as 'long-term.' If the prenup's alimony waiver is struck down as unconscionable at the time of enforcement, the court has discretion to award durational or bridge-the-gap alimony based on need and ability to pay. The statute gives judges room to balance a written waiver against a spouse's post-divorce reality.
Practical Takeaways for Florida Couples
- Do not sign a prenup on your wedding day. Florida courts scrutinize wedding-week signings closely. Best practice is at least 30 days of review, with the draft exchanged well before invitations are sent.
- Get independent counsel and document it. A separate attorney for each spouse, with engagement letters and billing records, is the single strongest fact in favor of enforceability under Fla. Stat. § 61.079.
- Require full financial disclosure in writing. Under the statute, inadequate disclosure is one of the three grounds for invalidation. Attach a sworn schedule of assets, debts, and income to the agreement itself.
- Revisit your prenup after major events. A 25-year marriage, children, sold businesses, and appreciation of nine figures can all justify a postnuptial agreement under the same statute.
- Understand what the prenup does not cover. Child support and timesharing cannot be bargained away in Florida; they are governed by Fla. Stat. § 61.13 and decided on the best-interests standard.
- If you are served with a divorce and believe your prenup is unfair, move quickly. Challenges must be pled and supported with evidence of the signing circumstances, prior drafts, and communications around the wedding.
Frequently Asked Questions
The answers below address common questions readers are searching after this news broke.
Can a Florida court throw out a prenup signed on the wedding day?
Yes. Under Fla. Stat. § 61.079(7), a Florida court can invalidate a prenup if the challenging spouse proves it was signed involuntarily or under duress. A wedding-day signing — with guests already arriving — is a classic fact pattern for a voluntariness challenge, though the challenger still carries the burden of proof.
How does Florida treat assets acquired during a 25-year marriage?
Florida follows equitable distribution under Fla. Stat. § 61.075. After 25 years, most assets acquired during the marriage are presumed marital and divided equitably, which usually means roughly 50/50. A valid prenup can override this presumption, but only for the assets it specifically addresses in writing.
Does a $1 million prenup cap survive against a $1 billion estate?
It can, but only if the agreement meets Florida's enforceability standards. The 2015 Florida Supreme Court decision in Hahamovitch v. Hahamovitch upheld a similarly restrictive prenup. Courts will look at disclosure, voluntariness, and whether the agreement was unconscionable when signed — not whether the final outcome feels unfair decades later.
What happens to jewelry and real estate acquired during the marriage?
Under Fla. Stat. § 61.075(6), assets acquired during the marriage — including the reported $6 million in jewelry and the Coral Gables waterfront estate if titled or funded during the marriage — are presumptively marital. A prenup can reclassify them as separate, but the agreement's language must be specific and the asset must fit the definition it uses.
Can I still receive alimony if I signed an alimony waiver?
Sometimes. Fla. Stat. § 61.08 allows courts to award alimony after a long-term marriage based on need and ability to pay. If an alimony waiver is found unconscionable at the time the court is asked to enforce it, the court may award durational or bridge-the-gap alimony despite the written waiver.
Talk to a Florida Family Law Attorney
If you are facing a Florida divorce involving a prenuptial agreement, significant assets, or a long-term marriage, a consultation with a board-certified family law attorney in your county can clarify your options and deadlines. Every fact pattern is different, and the outcome often turns on the specific circumstances of signing and disclosure.
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.