Married couples generally work to combine their lives. Sometimes, spouses experience good fortune or challenges during their marriages that make them worry about their financial exposure. Other times, misconduct during the marriage might lead to either spouse worrying about their exposure because of the other spouse’s choices.
Those who did not sign a prenuptial agreement before marriage or who are now aware that the marital contract they signed does not offer adequate protection might propose drafting a postnuptial agreement.
What does a postnuptial agreement do?
A postnuptial agreement is quite similar in nature to a prenuptial agreement. The primary difference is the timing of the negotiations.
Spouses might acknowledge a recent inheritance or a business they are currently developing as separate property. They might impose basic standards for property division. They may also discuss alimony or spousal support in cases where one spouse has agreed to stay home to provide career support to the other, raise children or serve as a caregiver to extended family members.
Postnuptial agreements generally should not include deeply personal demands, as the courts can’t enforce clauses related to weight gain or intimacy. In many cases, the process of negotiating a postnuptial agreement can strengthen the marriage.
Spouses talking about their needs and expectations may find that they have an easier time maintaining a healthy marital dynamic. Even if the spouses eventually decide to divorce, the postnuptial agreement can protect them from a costly litigated divorce.
Understanding the potential benefits of drafting a postnuptial agreement could help people take control of a stressful marital situation. Spouses who talk about their relationships and the future can often find a healthier shared path forward.