Should we have a postnuptial agreement?

The last thing on most minds of newly-married couples in Florida is divorce. They are in love and cannot imagine not being together forever. However, all marriages go through struggles, and if they are not handled properly divorce may be the unfortunate outcome. Whether couples are currently going through some trials and tribulations, or they are still in the honeymoon stage, they may want to consider making a postnuptial agreement to protect them in the future or even protect their marriage.

ABC News reports that a postnuptial agreement outlines the same terms as a prenup except that it is entered into after the couple has already said 'I do.' This agreement lays out details regarding:

  • Division of assets and finances upon divorce
  • Child or spousal support
  • Debt incurrence
  • Division of chores and labor in the home
  • Settlement in the case of a sudden increase in wealth

Why should you enter into a postnup? The reasons vary according to each couple's circumstances, but it is highly recommended when one or both spouses own their own business because it can protect its assets and future profits. It is also a good idea when one spouse quits working in order to stay home with the children. Some couples also use a postnup as a tool to save their marriage in cases when one of the spouses has been unfaithful.

According to Time, sometimes a postnuptial agreement is made when a couple is planning to divorce but is putting it on hold for the time being. Sometimes this is done in order to prevent one spouse from losing health benefits. In this case, the couple is legally together, but the postnup outlines how the assets are divided and how each spouse will be supported.

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Beverly L . Brennan Attorney & Counsellor At Law - Naples Florida

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