As you can probably infer from the name, a postnuptial agreement is like a prenuptial agreement that you sign after you get married. Some people execute postnuptial agreements because they plan to take on financial or legal risk and want to protect their spouse. Other people might execute a postnup because they find themselves going through a tough time in their marriage. Those are just two possible reasons.
You might worry about bringing up this idea to your spouse. It’s important to make it clear that getting a postnuptial agreement doesn’t mean you want a divorce.
A postnup could actually help save your marriage
If you and your spouse have gone through a difficult time recently in your relationship, both of you may feel less happy about your partnership and less committed to the marriage than you were years ago. A postnup can be a tool to reevaluate your marriage and your expectations.
The two of you can talk about what would happen if you divorce and also put provisions in place regarding your spouse’s bad behavior, like adultery or compulsive gambling. By creating written expectations and even penalties for not upholding expectations, a postnuptial agreement might actually help get your marriage through a difficult time.
If you do divorce, a postnup will make it easier
One of the most important features of a postnup is that it can give you control over the terms of a divorce. The two of you can agree about how you want to split up your property or even about spousal support now so that there aren’t any questions if you do divorce.
A postnuptial agreement can keep a divorce more civil for your children and keep the cost low, which benefits the whole family.