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Postnuptial marital agreements have varied purposes

by | Oct 20, 2017 | Prenuptial Agreements

When couples in Florida get married, they combine not only their lives but also their assets. While marital agreements can protect each spouse in the event of a divorce, not all couples feel comfortable discussing a prenuptial agreement before the wedding. Some feel it is unnecessary because they both enter the union with little or no assets. However, those circumstances can change, and this is where a postnuptial agreement can show its value.

A marital agreement can ensure that — in the event of a divorce — each spouse can hold onto the assets that he or she brought into the marriage. One or both might learn about an imminent inheritance or trust fund payout that was not addressed in a prenup. This might give rise to the need for a postnuptial agreement to help prevent these funds from becoming part of the marital assets.

If one spouse establishes a thriving business during the marriage, a postnup can prevent the other spouse from claiming a percentage of the company and its earnings. Co-mingled families can also create complications — particularly if there are children from an earlier marriage. A marital agreement can ensure those children get their inheritances in the event of the parent’s death or divorce.

Postnuptial agreements are legal contracts that can be signed by married couples at any stage of their marriages — even if they have no intentions of ending it. It can also define how a couple will conduct their marriage and what the consequences of infidelity will be. Florida couples may have questions about marital agreements that might be best answered by an experienced family law attorney.

Source: investopedia.com, “5 Signs You Need A Postnup“, Amy Bell, Accessed on Oct. 19, 2017

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