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If you didn’t get a prenuptial agreement, can you get a postnup?

On Behalf of | Dec 3, 2021 | Divorce

There has long been a myth that getting a prenuptial agreement means that you don’t trust your spouse or that they don’t trust you. For this reason, many people don’t talk about prenuptial agreements before they get married, even when doing so would be a good idea.

If you didn’t get a prenuptial agreement, there is an alternative that you might want to discuss after you get married. This alternative is called a postnuptial agreement and can be entered into after you say, “I do.”

What are the benefits of a postnuptial agreement?

One of the main benefits is that you can enter into a postnuptial agreement at any time after you get married. There is no specific timeline in place. So, for example, if you get married and don’t have significant assets, you may not see a reason for a prenuptial agreement. However, if one of you comes into money, then you may suggest a postnuptial agreement to determine how that money would be divided if you ever decided to divorce.

For people who regret not getting a prenuptial agreement, a postnuptial agreement is an excellent help. This is a tool to help protect you, so you can ask your spouse to enter the agreement with you to:

  • Outline some basic terms for divorce such as what you want to do with shared bank accounts or debts
  • Discuss your responsibilities in the marriage
  • Establish separate property, like that you want to keep an inheritance in your name if you divorce

The good thing about a postnuptial agreement is that because you’re entering into it after you get married, you have a better idea of what married life looks like and how you’d like to manage it. While this kind of agreement isn’t as common as a premarital agreement, it is helpful if you change your mind about having an agreement in place or are more confident about bringing up this kind of arrangement with your spouse.

Without the stress of a wedding looming, this could be a good time to talk about the benefits of a postnuptial agreement with your spouse. It’s not too late to put protections in place.