A postmarital agreement, also known as a postnuptial agreement, is a legal document that helps spouses define their rights and obligations in the event of a divorce. It is similar to a prenuptial agreement, but it is signed after the marriage has taken place. Postmarital agreements can help couples protect their assets, limit their liabilities, and avoid the stress and expense of litigation.

Why Consider a Postmarital Agreement?

There are many reasons why a couple might want to consider creating a postmarital agreement. For example, they may have acquired significant assets or debts since getting married, or they may have experienced a change in income, employment status, or health. A postmarital agreement can help them clarify their financial situation and protect their interests.

In addition, a postmarital agreement can provide peace of mind by allowing the couple to address potential issues before they become problems. For example, they can specify how property will be divided, how debts will be handled, and how spousal support will be calculated in the event of a divorce.

How to Create a Postmarital Agreement

Creating a postmarital agreement is a complex process that requires the guidance of an experienced family law attorney. The attorney will help the couple identify their goals and priorities, as well as any legal issues that need to be addressed. Then, the attorney will draft the postmarital agreement and help the couple negotiate and finalize its contents.

Some of the issues that may be addressed in a postmarital agreement include:

– Division of property and debts

– Spousal support (also known as alimony)

– Child custody and visitation

– Child support

– Insurance coverage (health, life, disability)

It is important to note that a postmarital agreement cannot override or undermine the laws of the state where the couple resides. For example, a couple cannot include provisions in the agreement that violate child support or custody laws.

Conclusion

A postmarital agreement can be a valuable tool for couples who want to protect their assets, clarify their financial situation, and avoid the stress and expense of litigation. However, it is not a decision to be taken lightly. Both spouses should fully understand the implications of the agreement and be willing to compromise and negotiate in good faith. With the guidance of an experienced family law attorney, a postmarital agreement can help couples achieve peace of mind and security for their future.