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Should You Consider A Post-Nuptial Agreement?


Is your marriage one of the roughly half that will ultimately end up in divorce? You’re hoping not—you truly believe not—but you know the statistics in this country, and want to be a realist.  That being said, it makes sense to contemplate ways in which you can make the possibility of divorce down the road a little less cumbersome.  One idea that has growing interest across America is the notion of a postnuptial agreement.

What are Postnuptial Agreements? 

A post-nup is a document that is penned to provide a framework as to how assets will be divided in the event of a divorce, and to speak to other questions of concern to the couple.  The main difference from a prenup is that a postnuptial agreement is written after the couple is already married, as the name suggests. Some couples address issues relating to the division of  household chores, whether and under what circumstances a relocation would be acceptable, and anything else one might imagine.  Importantly, nothing preposterously unfair should be included if you want the postnup to be officially enforceable. For anyone who was not motivated to sign a prenup earlier, a post-nup can be a useful text that lays out the expectations for both divorce and for the rest of your marriage. 

Under What Circumstances is a Postnup  Worth Considering?

Many couples may think that a postnup is not something that’s necessary for them.  That kind of contract is for other people. But these agreements really are worth considering in all kinds of situations.  For instance:

  • When large sums of money are on the table the contract can speak to fiscal issues in order to maintain the financial standing of wealthy individuals, while safeguarding their partners and making sure they are treated fairly.
  • When there are children from previous marriages it can lead to inheritance questions. These can be touchy topics within blended families. It can be helpful to lay out one’s desires on paper before a death occurs, to ensure a spouse and children don’t have to wonder about your wishes.
  • If a prenup was too prickly a subject before you wed, but you both can deal with it now. If you were concerned about killing the romance prior to the nuptials, but with time you’ve both settled into being able to respectfully discuss hard issues, a postnup dialogue may be worthwhile.
  • If a significant inheritance has come into the picture you may want to designate where heirlooms or cash goes under any difficult circumstances.
  • If one spouse was a stay-at-home or low earning partner, it’s often wise to put financial safeguards in writing to protect that lesser-earning spouse.
  • If you owe a family member for loans that occurred during your marriage a postnup can stipulate that the loan be repaid as a first priority in divorce.
  • If your spouse has addiction or infidelity issues you may want protections before giving the marriage another chance. Your postnup could provide for penalties in the event the relationship is damaged due to future transgressions.

Drafting a Postnup 

If you believe a postnuptial agreement may be a good idea, the Boca Raton family law attorneys at the WiseLieberman can help.  Schedule a confidential consultation in our office today.

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