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How to talk to a spouse about getting a postnuptial agreement

On Behalf of | May 13, 2019 | Uncategorized |

While most married couples are aware of prenuptial agreements, many do not realize they can create a similar document after they have said, “I do.” According to a 2015 study, there has been a substantial increase in the number of couples going to their attorneys seeking postnups. 

Many people grow uncomfortable discussing a prenup prior to marriage. However, they realize the necessity of one afterward. This conversation does not have to be uncomfortable as long as you know how to go about it the right way. You may have no intention of divorcing, but getting a postnup can provide you with peace of mind.

Know your reason for getting a postnup

To a lot of people, getting a postnup sounds like the other party has the intention of leaving the marriage down the line. You can make it clear that is not your intention. You simply want to lay down the groundwork for the marriage going forward. For example, a postnup can help spouses who enter a marriage with children for previous relationships. A postnup can help protect these children’s inheritances. If you know why you want one, then you can better communicate why you desire this document. 

Understand the legality of the document

You should never make a spouse feel as though he or she absolutely needs to sign this document. You should always give your partner adequate time to read through the postnup to make sure everything is fair. This is especially important if there is a substantial disparity in the two spouses’ income. You do not want your partner to think you want to get out of paying any alimony whatsoever in the event of divorce. The postnup needs to be fair to both parties, so you will likely not be able to get out of paying any alimony if the marriage ends. When both people pursue this documentation with an open mind, they will see it is a useful item to have.


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