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When Should I Consider a Postnuptial Agreement?

Posted on in Family Law

Los Gatos postnup lawyerAfter you get married, you may learn a lot of new things about your partner. Maybe you did not know that your new spouse is bad with money, or perhaps you have become concerned about your spouse being unfaithful. You may also want to ensure that your children are taken care of if you should pass away, or maybe you are a business owner and want to protect your assets if you ever decide to get a divorce. No matter the reasons behind it, a postnuptial agreement can give you some peace of mind.

What Is a Postnuptial Agreement?

While prenuptial agreements are signed by both spouses prior to a marriage, a couple may also decide to sign a postnuptial agreement after getting married. Postnuptial agreements are legally binding contracts that can be set up to decide which party will take on certain debts and retain ownership of specific assets if the couple gets a divorce or separates. There may also be rules laid out for possible alimony in the future, and a postnup may include information about inheritances and estate planning in the case of either spouse’s death.

Additionally, postnuptial agreements could include “lifestyle clauses.” These address issues such as how often one spouse or the other may travel, how often they have to visit one another’s families, who is responsible for what household chores, and more. Some postnuptial agreements have been noted to include an infidelity clause, requiring a spouse who has an affair to compensate his or her partner monetarily by granting them certain assets during divorce or by giving up any rights to receive spousal support.

What Are Some Situations That Warrant a Postnuptial Agreement?

There are many scenarios in which a couple may want to sign a postnuptial agreement. Here are a few situations when this type of agreement may be in one or both spouses’ best interests:

  • You have noticed that your spouse has some serious overspending issues, and he or she is racking up debts for which you do not want to be responsible.
  • You own a business, and you want to make sure your business will be able to continue operating if you choose to get a divorce.
  • You do not want to see your in-laws more than once a month.
  • You have property that you do not want your spouse to touch, and you wish to legally claim it as only yours.
  • You have discovered that your spouse has a gambling addiction.

In other words, just about anything can be included in your postnuptial agreement, as long as you both agree on it. However, even if it is in the postnuptial agreement, certain things may not be enforced legally. For example, if you cosign on a loan or credit card, despite what the postnuptial agreement says, you may still be legally responsible for part of the balance, or student loans may be considered to be beneficial to both parties, and therefore the responsibility may be split in court, rather than simply assigned to the spouse who applied for the loans.

Contact an Experienced Los Gatos, CA Postnuptial Agreements Lawyer

At the Law Offices of Benita Ventresca, we can offer you legal assistance to help with your concerns about how your finances or your business may be affected by a potential divorce. Contact an experienced Los Gatos family law attorney to discuss what you would like to include in your postnuptial agreement. Call 408-395-8822 to schedule a free consultation. 

Sources:

https://www.foxbusiness.com/features/can-a-prenup-or-postnup-save-you-from-a-spouses-debt

https://www.forbes.com/sites/jefflanders/2014/03/13/can-a-prenup-or-a-postnup-with-an-infidelity-clause-deter-a-husband-from-cheating/#3191fcc07328

https://abcnews.go.com/Business/forget-prenup-postnuptial-agreement/story?id=28946039

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