On April 16, 2026, healthcare billionaire Miguel 'Mike' Fernandez, 73, filed for divorce in Florida from his wife of 25 years, Constance Tolevich Fernandez, 61, asking a Miami-Dade court to enforce a prenuptial agreement that caps her recovery at $1 million — roughly 0.1% of his nearly $1 billion fortune — with a hearing scheduled for June 2026, according to AOL/People.
Key Facts
| Item | Detail |
|---|---|
| What happened | Billionaire filed for divorce seeking enforcement of $1M prenup |
| When | Filed April 16, 2026; hearing June 2026 |
| Where | Miami-Dade County, Florida (Coral Gables residence) |
| Who's affected | Miguel Fernandez (73), Constance Fernandez (61), 5 children |
| Key statute | Fla. Stat. § 61.079 (Uniform Premarital Agreement Act) |
| Impact | Tests enforceability of prenup capping spousal recovery at 0.1% of marital wealth |
Why This Matters Legally
This case will test one of the hardest questions in Florida family law: can a prenuptial agreement signed on the day of a 'pop-up' wedding survive a 25-year marriage and a nearly $1 billion disparity in outcome? Florida courts have upheld lopsided prenups before, but the combination of wedding-day execution, quarter-century duration, five children, and the sheer ratio between contract cap and marital estate creates a textbook enforceability fight.
Under Florida's Uniform Premarital Agreement Act, prenups are presumed valid. The challenging spouse carries the burden of proving a specific statutory ground for invalidation. Unlike some states, Florida does not require that a prenup be 'fair' — it requires that it be knowingly and voluntarily executed with adequate financial disclosure. That distinction is why a $1 million cap against a $1 billion fortune is not, by itself, grounds to throw the agreement out.
However, Florida courts scrutinize three things closely: (1) whether the disadvantaged spouse had time and counsel to review the agreement, (2) whether the wealthier spouse made full financial disclosure, and (3) whether there is evidence of duress, coercion, or fraud. A wedding-day signing raises a red flag on factors one and three.
How Florida Law Handles This
Florida's framework for prenuptial agreements is codified at Fla. Stat. § 61.079. The statute sets out specific grounds on which a premarital agreement is unenforceable, and the party seeking to avoid the contract must prove one of them by a preponderance of the evidence.
The statute identifies four primary grounds for invalidation:
- The party did not execute the agreement voluntarily
- The agreement was the product of fraud, duress, coercion, or overreaching
- The agreement was unconscionable when executed AND, before execution, the party was not provided fair and reasonable disclosure of the other party's property and financial obligations, did not voluntarily waive disclosure in writing, and did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party
- Modification or voiding by subsequent written agreement
A prenup that limits recovery to $1 million is not automatically unconscionable under Florida law. Courts have consistently held that equitable distribution rights and alimony rights can be waived by contract. What cannot be waived is child support — under Fla. Stat. § 61.13, child support belongs to the child and cannot be bargained away by the parents.
Even if the prenup is enforced as to spousal claims, Constance Fernandez would retain standing to litigate child support, timesharing (the Florida term for custody), and any post-marital assets acquired outside the scope of the agreement. The couple's five children, if any are still minors, would trigger the full timesharing analysis under Fla. Stat. § 61.13, which considers 20 statutory factors in determining the best interests of the child.
On equitable distribution, Fla. Stat. § 61.075 governs how marital property is divided when no valid prenup exists. Florida is an equitable distribution state, not a community property state, meaning the court starts with a presumption of 50/50 division and then adjusts based on statutory factors. A valid prenup overrides this default framework to the extent it addresses specific assets.
Practical Takeaways
-
A Florida prenup signed on the wedding day is not automatically void, but the timing invites close judicial scrutiny on voluntariness and duress. Independent counsel for both parties at least seven days before the wedding is the best practice.
-
Full financial disclosure is the single most important enforceability factor in Florida. If Mike Fernandez disclosed his full asset picture in 2001 — even if the dollar figure was dramatically lower then — the prenup is harder to challenge.
-
Child-related rights cannot be waived in a Florida prenup. Even if the $1 million cap is enforced, child support and timesharing remain live issues if any of the five children are still minors.
-
A 25-year marriage is classified as 'long-term' under Fla. Stat. § 61.08, which generally expands alimony considerations — but only if the prenup's alimony waiver is invalidated.
-
Homestead property in Florida receives special constitutional protection. Even with a prenup, the Coral Gables estate's disposition will be analyzed under Article X, Section 4 of the Florida Constitution if it qualifies as homestead.
-
Separate property that increased in value during a 25-year marriage may be partially marital under Florida's 'enhancement' doctrine, even if the underlying asset was premarital.
Frequently Asked Questions
CTA
If you are considering a divorce in Florida or want to understand how a prenuptial agreement might affect your case, you can browse the exclusive Florida divorce attorney for your county on divorce.law or use our Florida alimony estimator to model potential outcomes.
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.