Postnuptial agreements can offer vital protection in a high-asset divorce

On Behalf of | Jun 1, 2022 | Property Division

Weddings are joyous occasions where two people vow to spend the rest of their lives together. However, nearly half of all spouses in the United States end up separating. Is there a way spouses can protect themselves after the wedding day, in case of divorce?

The number of spouses seeking postnuptial agreements has increased substantially in recent years. It may be an option that’s worth considering.

What is a postnup?

A postnuptial agreement is a legal contract signed by spouses that dictates how their assets will be divided, in the event of a divorce. Postnuptial agreements are very similar in nature to prenuptial agreements – with the exception being that postnups are signed after a couple weds. Postnups can contain numerous provisions dictating marital conduct, but they’re usually mostly about money.

So, why would a couple need a postnup as opposed to a prenup?

When a postnup may be a good idea

Some couples believe that negotiating prenuptial agreements only induces stress, since it essentially amounts to contemplating divorce before the marriage even starts. For many spouses, negotiating the division of assets is easier after tying the knot. In particular:

  • Postnuptial agreements can protect any assets or income that a person receives post-marriage.
  • A postnuptial agreement is often helpful if one spouse comes into a large amount of money after the wedding, such as an inheritance.
  • Postnuptial agreements can be very beneficial when one or both parties have children from a prior marriage or have significant pre-marital assets.

Postnups often eliminate arduous and expensive divorce battles in the event that a marriage fails. Individuals who have questions about postnuptial agreements or high-asset divorce could obtain clarity by consulting a legal representative. A seasoned attorney can provide guidance and help individuals protect their assets and personal rights.