Is there such a thing as a pre-nuptial agreement after you are married?

Full question:

Is there such a thing as a pre-nuptial agreement after you are married?

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: Florida

Answer:

A postnuptial agreement is a contract entered into between a husband and wife after they are married. This is a useful tool to change your prenuptial agreement, allow you to enter into a contract that you wanted before you married, or so you can live separately from your spouse with an agreement that sets forth the terms of your separation and potential divorce.

The following are some of the things that may be included in a postnuptial agreement:

a. List off all assets, liabilities, income, and expectations of gifts and inheritances.

b. Describe responsibilities for post-marital debts.

c. Specify how to treat post-marital property, as well as the appreciation, gains, income, rentals, dividends and proceeds of such property in the event of death or divorce.

d. Distribution of your post-marital property in the event of death or divorce.

e. Ownership of the marital residence and secondary homes in the event of death or divorce.

f. Treatment of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.

g. Detail alimony, maintenance, or spousal support, or provide for a waiver or property settlement instead of support (to the extent allowable by law).

h. Outline medical, disability, death benefits, life or long-term-care insurance coverage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, postnuptial agreements are generally enforceable, provided they meet certain legal requirements. These include being in writing, signed by both spouses, and made voluntarily without coercion. Courts may review the agreement for fairness and ensure both parties fully disclosed their financial situations. However, enforceability can vary by state, so it's essential to consult a local attorney to ensure compliance with state laws. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*