What should you do if your spouse wants a postnuptial agreement?

On Behalf of | Jul 8, 2021 | Prenuptial Agreements |

When you marry someone, you may not think about the need for a prenuptial agreement. After all, the goal is to stay together for life and to grow your relationship.

Unfortunately, divorces do happen, and people do grow apart. For those who didn’t think to get a prenuptial agreement, a postnuptial agreement may be a good option.

If you’re approached by your spouse who is asking for a postnuptial agreement, you should ask yourself a few questions, such as:

  1. Is this in my best interests, or would I get more out of a divorce if I don’t sign it?
  2. What is the issue spurring my spouse to ask for a postnup?
  3. Is a postnup beneficial to any children from a previous marriage?

These and other questions should be on your mind.

Is a postnuptial agreement treated the same as a prenuptial agreement?

Yes. The only real difference is that the postnuptial agreement is filed after you get married, and the prenuptial agreement is filed before marriage. Just like with a prenuptial agreement, it’s worthwhile to have your attorney involved in the process so that you are sure that it is valid and binding and that your interests are protected. You’ll want to know your legal rights before you decide to sign the agreement, because you could be signing away money or assets that you’d like in the event of a divorce.

Our website has more information on postnuptial agreements and when they may be a good idea. It’s smart to look into all your options when considering if you want to sign one of these legal documents.


E-mail Cushing & Dolan

Articles By Our Attorneys


Cushing & Dolan, P.C. | Attorneys At Law

FindLaw Network