What is a postnuptial agreement?

What is a postnuptial agreement?

Whether it’s from popular mainstream media or from your own friends/family, you’ve definitely heard of a “prenup” or a prenuptial agreement, in full.  But have you heard of a postnuptial agreement?  This can be a helpful Family Law agreement, to plan for any potential changes in the future.

A Postnuptial Agreement

A postnuptial agreement is an agreement executed after marriage that details the couple’s property rights and expectations if the marriage should end in divorce.  These goals set forth the terms of the divorce, rather than a judge dictating the distribution of your assets and the amount of alimony

Who Needs a Postnuptial Agreement?

If you are a married, stay-at-home parent, or are married and are thinking about becoming a stay at home parent, it may be in your best interest to seriously consider creating a postnuptial agreement.  When you leave the workforce to become a stay-at-home mom, you’ll also be walking away from a career that is just starting to gain traction.  A Postnuptial agreement will detail how you will be compensated for forfeiting your highest-earning years should the marriage end in divorce.  

If you are ready to explore the option of a postnup, talk to a family law attorney and a divorce financial expert for advice. Do it for yourself and to manage any potential resentment in your marriage.

The Benefits of a Postnuptial Agreement

It could be beneficial because it can help form the foundation of a happy marriage. A woman’s child-rearing years are usually her highest-earning years, and when a stay-at-home parent re-enters the workforce, they will probably earn less than they did before.

Money is often referenced as one of the top reasons for tension in a marriage. It’s extremely difficult to agree about what to spend, how much to save, when/where to invest, etc.  We recommend having those hard conversations upfront! 

By executing a postnuptial agreement outlining how this will be dealt with should the marriage ever end in divorce, the couple will not have to work to resolve this conflict in a divorce proceeding.  It is a difficult conversation to have, but having it now, when the parties have cool minds, is beneficial.

For more info, check out http://www.cnbc.com/id/101287243


Planning a Post-nuptial Agreement

You may be thinking, “Where can I find a family lawyer near me?” Anton Garcia Law’s family and divorce attorneys are compassionate, experienced and dedicated to representing your best interests.  Contact us today!  Serving the following areas:

  • Tampa, St Petersburg
  • Land O’ Lakes
  • Fish Hawk
  • Brandon
  • Plant City
  • Downtown Tampa
  • … and more!

If you are looking for a Tampa family law attorney, look to Anton Garcia Lawa 2021 SuperLawyer “Best Attorney” award winner. Our office is located near beautiful downtown Tampa, where we proudly serve clients from around the state of Florida.