Postnuptial Agreements

A postnuptial agreement is very similar to a prenuptial agreement, except that it is executed after the marriage. A prenup can only be signed before the marriage, and a postnup can only be signed after matrimony. It often sets out guidelines for division of property or assets in the event of divorce or the dissolution of marriage. It may also include alimony figures or an agreement to waive alimony (spousal support) in the event of a divorce.

Postnuptial agreements were not widely recognized by courts until the late 20th century in the United States. There was a legal basis for this, as many people thought that a contract between a husband and wife was not really a contract because of the idea of marital unity. In a sense, a contract between spouses would be like a contract from one person to themselves, and that is not enforceable. However, the relatively high divorce rates of the 1970s made postnuptial agreements an acceptable idea.

Different states have passed different regulations regarding postnuptial agreements, and some states do not expressly have statutes dealing with them. In any event, they are widely accepted and have become increasingly popular.

Contact Us

Drafting postnuptial agreements can be a complicated process, and it can sometimes be confusing to determine how these will fit into final divorce decrees. If you are going through a divorce, or are considering signing a postnuptial agreement, contact the West Palm Beach divorce lawyer of Eric N. Klein & Associates at 561-353-2800.