Healthcare billionaire Miguel 'Mike' Fernandez, 73, chairman of MBF Healthcare Partners, filed for divorce from his wife of 25 years, Constance Tolevich Fernandez, 61, and is asking a Florida court to enforce a prenuptial agreement signed on their 'pop up' wedding day, according to People via Yahoo Entertainment. The case — which involves a Coral Gables waterfront estate and roughly $6 million in jewelry — heads to a hearing in early June 2026 and turns on a question Florida courts answer thousands of times a year: was the prenup signed voluntarily, with full disclosure?
Key Facts
| Item | Detail |
|---|---|
| What happened | Billionaire Mike Fernandez filed for divorce and moved to enforce a prenuptial agreement signed on the couple's wedding day |
| When | Filed 2026; first major hearing scheduled early June 2026; marriage lasted 25 years |
| Where | Florida (Miami-Dade County); marital home in Coral Gables |
| Who's affected | Miguel 'Mike' Fernandez (73, MBF Healthcare Partners chairman) and Constance Tolevich Fernandez (61) |
| Key statute | Fla. Stat. § 61.079 — Florida's Uniform Premarital Agreement Act |
| Practical impact | Tests how Florida courts treat prenups signed shortly before a 'pop up' ceremony when the contesting spouse had weeks of advance review |
Why this matters legally
This filing puts a spotlight on the single most litigated issue in Florida high-asset divorce: whether a prenuptial agreement signed close to the wedding day is enforceable. Under Fla. Stat. § 61.079(7), Florida's Uniform Premarital Agreement Act, a prenup is presumed valid and the spouse challenging it carries the burden of proof. To void the agreement, Constance would need to prove by a preponderance of the evidence either (1) she did not sign voluntarily, or (2) the agreement was unconscionable when signed AND she was not given fair disclosure of assets, did not waive disclosure in writing, and did not have adequate independent knowledge of his finances.
The People report indicates Mike Fernandez plans to argue Constance reviewed the document for two weeks before the ceremony, signed it before a notary, and raised no objection at the time. In Florida, those facts — advance review, notarization, no contemporaneous objection — are exactly the kinds of evidence courts weigh when deciding the 'voluntariness' prong. The 'pop up' wedding setting alone does not invalidate a prenup; what matters is whether the contesting spouse was rushed, pressured, or denied meaningful time and counsel.
How Florida law handles this
Florida adopted the Uniform Premarital Agreement Act in 2007, and Fla. Stat. § 61.079 governs every prenup signed in the state since. The statute lists eight categories of rights spouses can contract around in advance: property division, alimony, the disposition of property at separation or death, life insurance beneficiaries, choice of law, and 'any other matter' not in violation of public policy or criminal law. Notably, Florida prenups cannot eliminate or limit child support or determine child custody — those remain the court's call under Fla. Stat. § 61.13 regardless of what spouses sign.
On property, Florida is an equitable distribution state under Fla. Stat. § 61.075. Without a valid prenup, the court starts from a presumption that all assets and debts acquired during the 25-year marriage are marital and divided equitably (typically 50/50, adjusted for statutory factors). With a valid prenup, the court applies the contract terms instead. That single distinction — enforceable contract versus statutory equitable distribution — is what's worth tens or hundreds of millions of dollars in a billionaire estate.
For alimony, Florida's 2023 alimony reform under Fla. Stat. § 61.08 eliminated permanent alimony and capped durational alimony. A 25-year marriage qualifies as 'long-term' (20+ years) under the new framework, which would normally support a substantial durational alimony award absent a valid waiver. A prenup that waives alimony is enforceable in Florida only if it meets § 61.079's voluntariness and disclosure standards.
On the $6 million in jewelry: Florida courts treat jewelry under Fla. Stat. § 61.075(6) as either marital or non-marital depending on when, how, and by whom it was acquired. Gifts between spouses during the marriage are typically marital property subject to division. Items purchased with separate (pre-marital) funds and kept separate may remain non-marital. The prenup, if enforced, will likely override these default rules.
Practical takeaways
For Florida residents reading this story and wondering how it applies to their own situation:
- Sign your prenup well before the wedding — ideally 30+ days out. Florida case law repeatedly upholds agreements signed weeks in advance and scrutinizes those signed within days. The Fernandez case shows even a wedding-day signing can be defended if there's a documented two-week review window beforehand.
- Use independent counsel for both spouses. Under Fla. Stat. § 61.079(7)(a)(1), voluntariness is the first attack point. Two attorneys, two retainer agreements, and a written acknowledgment of independent representation make the agreement substantially harder to overturn.
- Attach a full financial schedule. The disclosure prong of § 61.079 requires 'fair and reasonable disclosure of the property or financial obligations.' Attach tax returns, account statements, and a net-worth schedule as exhibits — and have both spouses initial them.
- Notarize and witness everything. The Fernandez prenup was notarized; Florida does not require notarization for validity, but it creates a strong evidentiary record of voluntariness and identity that defeats most after-the-fact challenges.
- Update the prenup with a postnup if circumstances change. Florida recognizes postnuptial agreements under common law. After 25 years, business growth, inheritances, or children, a postnup can ratify or modify the original prenup and refresh the disclosure record.
- Do not rely on a 'pop up' wedding to cure timing problems. The setting of the ceremony is irrelevant. What matters is the paper trail: when the draft was sent, when it was reviewed, who advised whom, and what was disclosed.
FAQ
A brief note from Antonio
If you're approaching marriage, divorce, or a postnuptial decision in Florida and want to understand how the state's prenup statute would treat your specific facts, the team at divorce.law can connect you with a vetted family law attorney in your county. There is no cost to be matched.
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.