So you got married without a prenuptial agreement? You can still enter into a postnuptial agreement to document how you have agreed to divide property in the event of a divorce.
The main benefit for a postnuptial agreement is to keep any property that you owned prior to the marriage as non-marital and separate from property acquired during the marriage. Over time, assets tend to shift around and get commingled, and the postnuptial agreement will help to document the non-marital assets.
Other items that our family law attorneys may suggest to include in a postnuptial agreement are:
- Alimony award limitations or exclusions, to prevent expensive litigation in the event of a divorce
- Penalties and attorneys fees awards in the event the agreement is challenged by the spouse
- Specific asset distributions to avoid a judge dividing assets unsatisfactorily
- Assets earmarked for children, especially from a prior marriage
- Division of assets in the event of separation with no divorce
A postnuptial agreement drafted specifically for your situation and the property you each own will provide peace of mind to both parties of what to expect in the event of a divorce.
Have Questions Regarding Postnuptial Agreements?