Family Law
Postnuptial Agreement
re: Postnuptial Agreements
It’s never too late to create clarity in your marriage. A postnuptial agreement—or “postnup”—allows spouses to define financial rights and responsibilities after they’re already married.
Whether you’re seeking protection, transparency, or peace of mind, we’ll help you create a customized, enforceable agreement that supports your goals and preserves your relationship.
What Is a Postnuptial Agreement?
A postnuptial agreement is a written contract between spouses that outlines how certain financial issues will be handled during the marriage, and in the event of separation, divorce, or death.
It can address:
- Division of property and debts
- Rights to future income, investments, or inheritances
- Spousal support (alimony)
- Business ownership or interests
- Retirement assets
- Estate planning and death benefits
- Debt protection or repayment responsibilities
Unlike a prenuptial agreement, a postnup is signed after the couple is already legally married—but the legal requirements for enforceability are very similar.
When Should You Consider a Postnup?
Couples may decide to enter into a postnuptial agreement for many reasons, including:
- A major financial change (starting a business, receiving an inheritance, etc.)
- One spouse taking on significant debt
- Issues of trust or reconciliation after a separation
- Clarifying financial expectations in a blended family
- Estate planning to protect children from a previous relationship
- A desire to update or replace a prenup
Even in a healthy marriage, a postnup can help reduce uncertainty and avoid future conflict.
Enforceability in Florida
To be enforceable, a postnuptial agreement must be:
- Voluntary and free of coercion or pressure
- Based on full financial disclosure by both parties
- Fair and not grossly one-sided at the time of signing
- Signed by both spouses in writing
We’ll help you draft a clear, legally sound agreement—or review one you’ve been asked to sign—to make sure your rights are protected.
Protect Your Future—While Staying Committed to the Present
A postnuptial agreement is not a sign that something is wrong—it’s a tool to build financial security, set healthy boundaries, and reduce stress. We’ll guide you through the process with respect, discretion, and personalized attention.
Thinking about a postnuptial agreement?
Contact us today to schedule a consultation and take the next step toward clarity and protection.
FAQ
How is a postnuptial agreement different from a prenup?
The biggest difference is timing. A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the couple is already married. Both can address similar financial issues.
Do we have to be having problems to get a postnup?
Not at all. Many couples use postnups as a proactive tool to manage finances, especially after big life changes like a new business, inheritance, or blended family dynamics.
Can we change or cancel a postnup later?
Yes. Postnuptial agreements can be amended or revoked at any time, as long as both spouses agree and sign in writing.
Can a postnup be challenged in court?
Yes—just like a prenup, a postnup can be challenged if it wasn’t voluntary, involved fraud, or lacked full financial disclosure. That’s why working with a qualified attorney is essential to ensure your agreement is enforceable.
Can a postnup protect my business or inheritance?
Absolutely. We can tailor your agreement to protect current or future business interests, investments, or separate property you want to keep outside of marital assets.