Top Tips for Talking with Your Spouse about a Postnuptial Agreement

A postnuptial agreement (“postnup”) is similar to a prenuptial agreement (“prenup”) except that both spouses sign it after they are married. It can be signed instead of a prenuptial agreement or to update one after marriage. A postnuptial agreement typically covers how assets and debts will be divided in the event of a divorce as well as if one spouse will pay the other alimony. One reason some couples create postnuptial agreements is if a divorce appears imminent, a postnuptial agreement maintains the couple’s privacy. In contrast, divorce proceedings become part of the public record.

However, many couples in loving, functional relationships can benefit from a postnuptial agreement. Some common reasons for creating a postnuptial agreement in South Florida are:

• Starting or purchasing a new business
• One spouse inheriting a significant sum of money
• One or both spouses taking on new debt
• One spouse becoming a stay-at-home parent
• Building trust post-infidelity

Informing your spouse that you would like a postnuptial agreement can lead to an uncomfortable conversation. Following are some tips that have helped our clients:

• Bring up the topic when both of you are calm and have the emotional bandwidth to have the conversation.
• Expect that your spouse will be surprised and may become angry or upset. If this happens, stay calm and focus on explaining why the agreement benefits both of you rather than becoming defensive.
• Discuss how the postnuptial agreement provides you both with financial peace of mind and protection, similar to the idea of buying life insurance.
• Position the agreement as a collaborative process – the two of you will work together to have input into the terms.

To create a legally-binding postnuptial agreement, contact a South Florida family law attorney, like Troy Legal, to draft your agreement. Each spouse should have separate legal counsel to maximize the chance of the court enforcing the agreement. Both spouses need to provide a full financial disclosure for a valid agreement. Additionally, both spouses need to sign the agreement voluntarily – if one spouse pressures the other into signing it, the courts may invalidate the agreement. The agreement also must be fair to both spouses; if it appears to favor one spouse over the other, the courts will likely not uphold it.

While drafting a postnuptial agreement is not a romantic activity, it is a responsible one. Don’t put it off any longer. Troy Legal is an experienced family law firm in Boca Raton that has negotiated and written postnuptial agreements to protect hundreds of couples. Call us today to learn how we can help you (561) 910-4570.