Q: Drafting a contract to protect assets in event of separation from pregnant girlfriend, ensuring no financial obligation to her.

A: If you are in Florida then your girlfriend (unmarried) has no legal claim to any of your assets so long as they are titled in your name only. Your only financial obligation after the birth will be child support. Just do not put her name on the title of any of your assets. Speak with a local family lawyer for more specific advice.

A: Apologies for the cliché, but it’s important: no attorney–client relationship is established by this answer.

Please treat it as general information, not tailored legal advice.

First, Florida law makes clear that you cannot contract away your duty to support your child. Child

support is considered the right of the child, not the parent, and courts have consistently held that

agreements attempting to waive or limit it are void as against public policy. In Armour v. Allen, the court

explained: “The law is clear that the parents may not contract away the rights of their child for support”

(377 So. 2d 798, 800 (Fla. 1st DCA 1979)). The same principle was reaffirmed in Serio v. Serio, where a

father attempted to waive child support in exchange for the mother’s waiver of alimony; the court

struck that provision as invalid because “parents may not waive their children’s right to support because

that right belongs to the children” (830 So. 2d 278, 280 (Fla. 2d DCA 2002)). In short: you can agree with

your girlfriend on many issues, but not on eliminating child support.

Second, as to protecting your assets, Florida law generally respects separate property. If you and your

girlfriend are not married, she has no automatic rights to your bank accounts, businesses, or

investments simply by virtue of the relationship. Problems usually arise if property is jointly titled or if

funds are commingled. Courts treat mixing marital and nonmarital assets as fatal to keeping them

separate. In Pfrengle v. Pfrengle, the court held that when one spouse deposited premarital proceeds

into an account containing marital income, “all the funds in that account lost their separate nonmarital

character” (976 So. 2d 1134, 1136 (Fla. 2d DCA 2008)). By contrast, in Grieco v. Grieco, inherited funds

that were kept in a separate account, never commingled, retained their nonmarital status (917 So. 2d

1052, 1055 (Fla. 2d DCA 2006)). For unmarried partners, the lesson is similar: keeping accounts and titles

separate is the surest way to avoid future disputes.

Third, Florida does permit cohabitation agreements between unmarried partners, so long as they are

supported by lawful consideration other than sexual relations. In Poe v. Estate of Levy, the court allowed

an express contract claim where the parties had agreed to pool resources and support one another,

explaining that “if the consideration for the agreement is not sexual intercourse then the mere fact the

parties are not married should not ipso facto preclude the parties from contracting according to law”

(411 So. 2d 253, 256 (Fla. 4th DCA 1982)). Likewise, in Armao v. McKenney, the court upheld an oral

agreement between partners of forty years to combine income and assets, stressing that “nothing in the

statute of frauds…requires that such an agreement be in writing” (218 So. 3d 481, 485 (Fla. 4th DCA

2017)). These cases mean that if you wanted to enter into a written agreement clarifying that each of

you will keep your own property and not make financial claims against the other, Florida law allows it.

The key is clarity, voluntariness, and independent counsel for both parties.

Finally, if marriage were later contemplated, a prenuptial agreement would be the most secure way to

protect assets. Florida’s Uniform Premarital Agreement Act, Fla. Stat. § 61.079, permits spouses-to-be to

waive rights to each other’s property and even to appreciation in premarital property, as long as the

agreement is voluntary, with fair disclosure, and not unconscionable. The Florida Supreme Court

enforced a broad waiver in Hahamovitch v. Hahamovitch, holding that the language of the prenup was

sufficient to waive claims to both marital earnings and enhanced value of nonmarital property (174 So.

3d 983, 987 (Fla. 2015)).

A: You can draft a legal agreement to clarify the division of assets and protect your personal property in the event of separation, but it must be carefully structured and enforceable under state law. Since you are expecting a child, any contract cannot waive your legal obligation to provide child support, as courts will always prioritize the child’s best interests. The agreement can, however, address your personal assets and ensure that your girlfriend cannot make claims to cash, investments, property, or business interests that are solely in your name.

It’s important that the contract is **in writing, signed, and notarized**, and that both parties have a clear understanding of what it covers. Each party should ideally have independent legal advice to avoid claims of duress or unfairness later. You can list your assets, specify that they remain your separate property, and outline how any shared expenses, if they arise, will be handled.

Keep the focus on protecting your personal assets while making clear provisions for the child’s support, including healthcare, education, and living expenses. A properly drafted agreement can reduce disputes over personal property, but it cannot absolve you of your responsibilities to your child. Acting proactively and legally ensures clarity and protection for both parties and safeguards your financial interests.