The Orlando Family Team discusses why couples should consider a postnuptial agreement.

Why Should You Consider a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement, but it is established after the marriage has taken place. It is a legal agreement, a contract, that protects property rights and interests in the event you and your spouse should ever divorce. A postnuptial agreement can contain a variety of provisions that will dictate how assets will be divided in the event of divorce. It can even include things such as division of household labor and other expectations for the marriage.

Most of the time, a postnuptial agreement is executed instead of a prenuptial agreement simply because many couples want to avoid the topic prior to the wedding. Planning for a wedding celebration, the happiest day of many people’s lives, can be dampened by needing to discuss what will happen should things not work out. 

To avoid the unpleasantness and discomfort prior to the big day, many couples just wait until after the wedding and establish a postnuptial agreement instead. However, even if you never considered a prenuptial agreement or postnuptial agreement, things may change. There are a variety of reasons why you should consider a postnuptial agreement, even if you have never done so before.

Postnuptial Agreement

After the wedding, life will eventually proceed as normal. You will fall into a new routine. You’ll go back to work and move on with the plans you’ve had in place. As with life before marriage, circumstances will change. You may start a new business. You may come into some kind of financial windfall. These can be major financial developments that change things from how they were prior to marriage. Because of these kinds of changes, you may want to reconsider a postnuptial agreement. You may now have something that you wish to protect with a postnuptial agreement.

Another big reason why you should consider a postnuptial agreement is if you find that you and your spouse are progressively fighting more over money. Fighting about finances is a leading cause of divorce. Many times couples find that they are just not on the same page with financial issues. There may be a disagreement over spending habits, saving habits, or lack of income-earning. Whatever the reason for the continued stress over finances, a postnuptial agreement may be able to help alleviate the problem. A postnuptial agreement can help establish and clarify mutual financial goals and how both spouses will play a role in meeting these goals. Creating a postnuptial agreement forces a couple to confront attitudes they have about finances and the financial behaviors of each other.

You may also want to consider a postnuptial agreement to encourage improved behavior for your spouse. Your spouse may be struggling with something like alcoholism or addiction. Your spouse may have had an affair or you may suspect them of having an affair. Putting a postnuptial agreement can be a kind of warning for your spouse that if the behavior is not ceased, there will be repercussions as outlined in the postnuptial agreement. The postnuptial can act as motivation to change and, if things do not change, the postnuptial agreement can protect your interests.

Florida Divorce Attorneys

Prenuptial agreements and postnuptial agreements can provide peace of mind, protection, and motivation to try your best to make your marriage work. If the marriage doesn’t work, these agreements can protect you and manage expectations during divorce proceedings. For all of your prenuptial, postnuptial, or divorce legal counsel needs, the dedicated attorneys at the Orlando Family Team are here for you. Contact us today.