A post-nuptial agreement may seem like a less glamorous version of a pre-nuptial, but it carries equal importance. If a couple is married and did not execute a pre-marriage agreement regarding alimony and ownership of assets upon divorce, they still may create an agreement at any point during the marriage.  Post-marriage changes in financial circumstances are often the driving force.  Post-nuptial agreements have not been perceived as bearing the same weight as a pre-nup, but as they gain in popularity, the trend may change.

Usually executed between wealthy couples, a post-nuptial agreement delineates the distribution of each partner’s assets in the later event of divorce. Some reasons a married couple may choose to sign a post-nup include:

• The financial circumstances of one spouse have significantly changed;
• One spouse has been unfaithful, and used the marital assets for the benefit of the extramarital affair;
• One spouse has developed an irresponsible spending habit, such as gambling, alcohol or drug addiction;
• The children of one spouse from a previous marriage suddenly require financial support to which the step-parent does not wish to contribute.
• A parent of one of the partners may pressure the couple to sign a post-nuptial agreement before endowing an asset to their adult child.

In these scenarios, there is a risk of severe marital stress, as one spouse or the other – or both — may experience mistrust, resentment, fear of financial risk, or fear of abandonment.

The rise in popularity of post-nuptial agreements may be attributed to the rise in second and third marriages. Couples who have been through previous marriages and divorces, particularly if they bring children to the next marriage, may be savvier and less idealistic than before. In addition, the number of women with significant incomes and large assets has grown exponentially.

Enforcement of post-nuptial agreements is never guaranteed, even with careful drafting.  On the other hand, doing nothing or driving a couple to premature divorce also is not a great idea.  We will discuss the facts and law with you as part of a comprehensive review.  We welcome your confidential inquiries.

Marital finances can turn powerfully destructive. Whether a couple is entering into a prenuptial or post-nuptial agreement, it is imperative that a separate skilled attorney negotiate, prepare, and review these important documents on each party’s behalf before signatures. Whether a couple is heading toward marriage or has been married for many years, at Hanan M. Isaacs, P. C., we are “compassionate counsel and tough advocates”.  Confide in us regarding  your risks, options, and protection of your financial future. Call 609-683-7400 or contact us online to schedule a reduced fee initial consultation at our centrally located offices in Kingston, NJ.