What Should Be Included in a Postnuptial Agreement?

Postnuptial agreements are a type of marital contract that is signed between two parties who are already married. They differ from the more common prenuptial agreements that are executed by people who have not yet wed. While the timing is different, these contracts generally cover the same important terms.

Unsure what should be included in a postnuptial agreement? Our team of compassionate family law attorneys is here to answer your questions. It is vital that each contract addresses all of the important issues that might arise should a couple ever divorce.

Division of Marital Assets

A key component of any postnuptial agreement is the division of assets. This section of the contract outlines how property will be distributed between spouses in the event of divorce, separation, or death. It can address both premarital and marital assets, clearing up what property is available to be distributed by the courts and what is not.

Clear asset division helps avoid confusion and lengthy court battles by setting expectations in advance. The agreement can also clarify how future assets will be handled, such as property acquired during the marriage. A well-crafted asset division section not only protects each spouse’s financial interests but also fosters transparency and trust within the marriage.

Spousal Support

The issue of spousal support is often a primary reason for two people to seek out a marital agreement. These contracts frequently address the issue of whether or not spousal support is appropriate at all. When drafting a postnuptial agreement, it is important to set out terms regarding whether or not either party is entitled to alimony.

If the contract allows for alimony, it is also a good idea to set conditions for these payments. The agreement can spell out not only the amount but also the duration. Having clear terms regarding spousal support can greatly reduce the risk of future litigation.

Debt Liability

Postnuptial agreements are not always focused on dividing marital assets. In many cases, they are drafted with the express purpose of dealing with shared debts. A postnuptial agreement should clearly define each spouse’s responsibility for debts, both current and future. This section can specify whether debts incurred before the marriage remain separate and how new debts will be handled during the marriage. One of the most common reasons two people enter into a postnuptial agreement occurs when one party finds themselves in heavy debt after getting married. This type of contract could protect the other spouse from being liable for that obligation.

Dispute Resolution

Including a dispute resolution clause in a postnuptial agreement can save time, money, and stress if disagreements arise later. This section outlines how conflicts regarding the agreement will be handled, often requiring mediation or arbitration before pursuing litigation. Mediation encourages cooperation and a faster, less adversarial resolution, while arbitration provides a binding decision outside of court. By agreeing in advance on how disputes will be resolved, couples can avoid drawn-out legal battles and maintain greater control over the outcome. This clause adds stability to the agreement and reinforces the couple’s intent to resolve future issues respectfully and efficiently.

Call Today to Discuss What to Include in a Postnuptial Agreement

These are only a few things you should consider including in a postnuptial agreement. To ensure your contract meets your needs and protects your rights, it is vital that you seek out guidance from legal professionals right away.

At The Florida Probate & Family Law Firm, we can answer your questions and ensure you have a valid marital agreement that meets your needs. Call right away for a free case evaluation.