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Should I Create A Postnuptial Agreement With My Spouse?

You’ve probably heard of a prenup, but have you heard of a postnup? Prenuptial and postnuptial agreements are tools for married couples to determine how their assets will be handled both during and after the marriage. However, since a postnup is created after a couple has already been married, it can be utilized for a multitude of reasons. To learn more about how a postnuptial agreement can be beneficial to your marriage, continue reading or contact an Ocean County Prenuptial Agreement Attorney today!


A postnuptial agreement is very similar to a prenuptial agreement, except it’s created after the couple is already married. A prenup is normally signed by a couple before their marriage to establish how marital assets will be handled during the marriage and how the assets will be split in the event of divorce. Meanwhile, a postnup is written during marriage solely to determine how assets would be divided during a separation or divorce. Couples can create postnups whether or not they have signed a prenup. A postnup may also alter agreements that were made on the prenup.


There are many different reasons why a married couple might choose to create a postnuptial agreement. Many couples decide to make a postnup because they want to make amendments to their prenup. Financial circumstances often change throughout the span of a marriage, so a prenup made before the marriage might no longer be relevant after a few years have passed. For example, if one spouse unexpectantly starts making a much higher salary than the other spouse, then it might be a wise idea for them to write a postnup. Spouses could also create a postnup so they can stay married but separate their finances.

Not all postnups need to be official or legally binding. Some couples use postnups as a way for them to open a line of communication with each other during a rough patch in their marriage, and the agreement can even be a way for one spouse to atone for something that went wrong. They could create a postnup to openly discuss their marital assets and what would happen if they end up getting divorced. If the spouses trust each other enough, they don’t need to make it a legal document or even sign the agreement. They can just refer back to it in the future if needed.

If you’re considering creating and signing a prenuptial agreement with your spouse, you might want to speak with a trusted divorce attorney for legal advice. The Law Office of Sarina Gianna, LLC is here for you! Contact us today for an initial consultation.