Law Offices of Barry I. Finkel, P.A.
Call Our Firm
Ft. Lauderdale 954-776-1414
Boca Raton 561-910-1870

Why a postnuptial agreement may be a good idea

It's always a wise idea to have a prenuptial agreement before you get married in order to detail how assets and debts will be divided in case of a divorce. However, for spouses who didn't get a prenup before tying the knot, a postnuptial agreement is always an option.

Asking for a postnup can be tricky if there are problems in the marriage, because it can signal to your spouse that you're already thinking about how things will be split in a divorce. Further, it generally involves one or both spouses giving up legal rights they would otherwise have in a divorce — something they may not be keen to do.

However, there are a number of other reasons why couples opt for a postnup:

-- If parents decide to hand down all or part of a family business to a child, they may want that child to get a postnup so that his or her spouse can't get a share of the business if the marriage ends.-- For older couples where one spouse has been out of the workforce for many years while the other has been earning an increasingly-larger salary, postnups can help ensure the stay-at-home spouse gets a large enough financial settlement to live comfortably after a divorce. This can avoid having to battle for a larger alimony settlement in court.-- Sometimes a spouse will ask for a postnup if he or she is concerned about the amount of money the other is spending. It can be a way of protecting his or her financial future and not be saddled with the other's debts should they split up.

-- Some couples opt for a postnup as part of their agreement to continue to work on the marriage after a situation has occurred such as a spouse's infidelity. In some cases, they'll have a clause in the postnup that the person being cheated on will receive a larger share of the couples' assets if the infidelity reoccurs.

As with a prenup, each spouse should have his or her own attorney when drafting a postnup. A Florida family law attorney experienced with postnups can work to help ensure that you get what you're seeking and that the document will hold up in court.

Source: Pittsburgh Post-Gazette, "Postnuptial agreements gaining traction with couples," Tim Grant, accessed May 10, 2016

No Comments

Leave a comment
Comment Information

Schedule A Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response