By Nancy C. Nissen, Esq.

A prenuptial agreement is a contract signed by a couple before the marriage ceremony occurs. So, while you cannot sign a traditional prenup after marriage, the legal system provides an alternative known as a postnuptial agreement, or, postnup. These agreements serve a similar purpose, allowing married couples to decide on the division of their assets and financial responsibilities should the marriage end by divorce or death.

While they can make potential divorce far more affordable for both parties, neither prenups nor postnups indicate an intent to separate. Clarifying financial expectations provides a measure of security for couples, many of whom find it actually strengthens their marriage.

What Is a Postnuptial Agreement?

A postnuptial agreement is a binding legal contract signed by spouses after marriage that outlines financial responsibilities, and the management and division of assets in the event of a divorce or death. Changes in financial situation or relationship dynamic are common reasons to pursue a postnuptial agreement, or amend a prenuptial agreement.

Postnuptial agreements can cover:

Division of currently held property

Future division of property

Debt responsibilities

Spousal support or alimony

Securing the financial aspects of the relationship can even remove the practical need to separate or divorce for some couples.

Why Would I Need a Postnuptial Agreement?

Many couples assume marital agreements are only available before the wedding. However, life circumstances often change after marriage. A postnuptial agreement can........

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