What to Include in Your Postnuptial Agreement

Protecting Your Assets After Your Wedding

A postnuptial agreement, much like a prenup, protects a spouse’s finances and assets in the event of a divorce. While the documents differ based on when they are drafted and signed, they accomplish similar goals.

When Should I Draft My Postnup?

There is no time limit to create a postnuptial agreement. As several individual assets become community property after a couple is married, many do so early in the marriage before their lives are too deeply entangled. It can serve as a backup plan for those who ran out of time to complete a prenup before their marriage.

Other couples may opt to adopt a postnuptial agreement later in a marriage after receiving a large gift, or in anticipation of a looming divorce.

Consider These Assets

Like a prenup, both parties are expected to be transparent in their disclosure of assets and debts they currently possess. Once each party has a shared understanding of the other’s circumstances, they may consider including provisions for the distribution of:

• Debts
• Inheritance
• Insurance
• Investments
• Premarital and shared property
• Retirement accounts

Additionally, a couple may use this space to make alimony decisions.

Once you have drafted a document that you and your spouse can agree on, it must be presented to the court to be validated and thus legally enforceable. Our lawyers will walk you through the entire process to make sure that your agreement is instated.

Contact Cianci Law, PC for more information regarding postnuptial agreements, and personalized assistance drafting yours.