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Will a postnuptial agreement protect a spouse’s assets?

As couples are anticipating their wedding day, they may not anticipate the need for a postnuptial agreement. After all, they think, they love each other. Their marriage won’t end. However, it may end.

A postnuptial agreement may be a way for each individual in the marriage to protect themselves and their assets. Community property states require divorcing couples to spit everything 50/50. The biggest difference of a postnuptial agreement is that they are signed and entered into after the couple has either married or entered a civil union.

Should the couple be considering a split, having a legal postnuptial agreement in place may make the entire divorce process go more smoothly. This document may dictate spousal support details.

When a couple should sign a postnuptial agreement

A married couple with a prenuptial agreement may decide to have a postnuptial agreement drawn up, scrapping the prenup.

Some spouses may have a postnuptial agreement created so they can protect their children from a previous marriage or relationship. Or they choose to financially protect the spouse who stopped working after they had children. The reasons for signing a postnuptial agreement may vary from couple to couple as they consider what may happen in the event of a divorce.

Is a postnuptial agreement like a prenuptial agreement?

These documents may be similar in their intent. One agreement may be written and signed before the couple gets married. The second document may be drawn up and signed after the couple gets married. They may decide to protect their assets and finances. One member of the couple may decide a postnup is a good idea if their spouse begins to spend money irresponsibly. Another motivation for signing a postnuptial may be to protect the family business, just in the event of a divorce.

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