Now that you know more about what a prenuptial agreement can do for you and your spouse, do you wish you had made one before you got married? Are you wondering if you can get a prenup after marriage? The simple answer is no, you can’t get a prenup after you are officially married, but you can get a postnuptial agreement, which is very, very similar to a prenup. A postnup serves many of the same purposes as a prenup, but it’s designed specifically for couples who are already legally married.
A postnuptial agreement can be a practical, reassuring tool for married spouses. It gives you and your spouse a way to clarify expectations, reduce financial uncertainty, and strengthen communication, no matter how long you’ve been married.
What Is a Postnuptial Agreement?
A postnuptial agreement is a written contract that spouses sign after they’re married. Its purpose is to establish rules about how certain financial matters will be handled during the marriage and, if needed, during a separation or divorce. Unlike separation agreements, which are meant for couples who are actively separating, a postnup is for couples who want to stay married but also want clarity and structure regarding their finances.
What a Postnuptial Agreement Can Do
A well-crafted postnuptial agreement can accomplish several important goals, including:
- Define which assets are separate and which are marital: Separate property can include inheritances, businesses, personal savings, or investments you want to keep clearly separate.
- Address debt responsibility: You can outline who is responsible for existing debt or future debt, protecting you from being unfairly tied to obligations that aren’t yours.
- Clarify expectations for handling income and expenses: This process helps prevent misunderstandings about budgeting, contributions, or major financial decisions.
- Set rules for what would happen if you separate: Although you aren’t planning for a divorce, you can still appreciate having a roadmap that can reduce stress and uncertainty if life takes an unexpected turn.
- Protect a family business or professional practice: If you own or co-own a company, a postnup can outline what happens to your interests if the marriage ends.
For many couples, the biggest benefit is the feeling of security that comes from having everything spelled out with care and fairness.
What a Postnuptial Agreement Can’t Do
There are some limitations to postnups, such as:
- Decide child custody or child support: Child-related issues are always determined based on your child’s best interests at the time of separation or divorce.
- Create a one-sided situation: If a postnup is written in a way that appears to unfairly benefit one spouse over the other, a court may consider it invalid.
- Control day-to-day personal matters: Courts typically won’t enforce lifestyle clauses that stray too far from financial arrangements.
A valid postnup must also be entered into voluntarily. Both spouses must have full knowledge of each other’s finances and agree to the terms without pressure or coercion.
Who Benefits from a Postnuptial Agreement?
People seek postnups for all kinds of reasons. Some couples simply want peace of mind. Others want to address a financial shift that happened after the wedding.
You may benefit from a postnuptial agreement if:
- You or your spouse has received a significant inheritance or financial gift.
- One of you has started a business or taken on substantial debt.
- You want to clarify ownership of assets acquired during the marriage.
- You’re trying to rebuild trust after financial conflict or secrecy.
- You remarried later in life and want to protect assets for children from a prior relationship.
- You simply want to minimize uncertainty and prevent future disputes.
A postnup isn’t a sign of a failing marriage. Many couples view it as a tool for transparency, teamwork, and respect.
Considering a Postnup? We’re Here to Help
If you think a prenuptial agreement might have been the right step for you, but you’re already married, it might be time to consider making a postnuptial agreement instead. At Blood Law, PLLC, we take a team-based, compassionate approach to helping you define what financial security looks like for your marriage. We’ll walk you through your options clearly and honestly so you can make informed decisions with confidence.
With nine law office locations across North Carolina and South Carolina, we make it convenient for you to schedule a consultation with our prenup/postnup attorneys. Call (704) 286-0570 to learn more.