Postnuptial Agreement After Marriage
Marriage is often described as a partnership built on trust and mutual respect. However, even the most devoted couples can recognize the importance of planning for the future—just in case life takes unexpected turns. This has led many married couples to ask: Can we make a postnuptial agreement after we are married to protect ourselves in case of divorce?
The concept of postnuptial agreements is gaining traction, not only in legal discussions but also in pop culture. Take, for example, the recent viral moment from the 90 Day Fiancé franchise where Tigerlily confronted Adnan about signing a postnuptial agreement. The clip resonated with viewers because it showcased the complex emotions and conversations around protecting individual interests within a marriage.
What Is a Postnuptial Agreement?
A postnuptial agreement, often called a “postnup,” is a legally binding contract between spouses that outlines how assets, debts, and other matters will be handled in the event of a divorce or separation. Unlike a prenuptial agreement, which is signed before marriage, a postnup is created after the couple has already tied the knot.
These agreements can address a range of issues, such as:
- Division of marital property
- Allocation of debts
- Spousal support (alimony)
- Responsibilities during the marriage, such as financial contributions or decision-making
Postnups aren’t solely for couples who fear their marriage might end. They can also be used to clarify financial arrangements during the marriage or resolve disagreements about money, creating a sense of stability for both partners.
Why Might a Couple Want a Postnuptial Agreement?
There are many reasons why a couple might consider drafting a postnuptial agreement, including:
- Changed Financial Circumstances Significant changes in finances, such as receiving an inheritance, starting a business, or experiencing a career shift, can prompt a couple to reevaluate their financial arrangements. A postnup can ensure that new assets are distributed fairly in case of divorce.
- Debt Protection If one spouse incurs significant debts, a postnuptial agreement can protect the other spouse from being held responsible for those debts in the event of divorce.
- Rebuilding Trust In cases where infidelity or financial dishonesty has occurred, a postnup can be a tool to rebuild trust. For instance, one spouse might agree to certain financial terms as a show of commitment to repairing the relationship.
- Simplifying Divorce Divorce can be emotionally and financially draining. A postnuptial agreement allows couples to make these decisions in advance, reducing potential conflicts and legal fees if the marriage ends.
- State-Specific Property Laws Different states have different laws about how marital property is divided. A postnup can help override default state laws and give couples more control over the outcome.
Tigerlily and Adnan’s 90 Day Fiancé moment struck a chord with audiences because it highlighted the real-life tension that can accompany conversations about postnuptial agreements. Many viewers debated whether Tigerlily’s request was practical or mistrustful.
Her argument was simple: she wanted financial clarity and protection in case their marriage didn’t work out. Adnan’s initial reaction—hesitation mixed with surprise—mirrored what many people feel when the topic of postnuptial agreements arises. It’s not easy to have these discussions, especially when emotions and money intertwine. Yet, this exchange opened the door for an honest conversation about the reality of planning for the “what-ifs.”
How Do You Create a Postnuptial Agreement?
If you’re considering a postnup, here’s how the process typically works:
- Open Communication The first step is having an honest and respectful conversation with your spouse. Much like Tigerlily and Adnan’s conversation, it’s important to focus on the practical benefits rather than implying mistrust. Frame the discussion around fairness and mutual protection.
- Hire Separate Attorneys For a postnuptial agreement to hold up in court, both spouses must have independent legal representation. This ensures that neither party is coerced into signing and that both understand the terms.
- Draft the Agreement With the help of your attorneys, outline the terms of the agreement. Be as specific as possible, especially when it comes to dividing assets, debts, and financial responsibilities.
- Ensure Fairness Courts are unlikely to enforce a postnup that appears one-sided or unfair. Both parties should feel the terms are equitable.
- Sign and Notarize Once both spouses agree to the terms, the document should be signed and notarized. This formalizes the agreement and makes it legally binding.
Are Postnuptial Agreements Enforceable?
Postnuptial agreements are generally considered to be enforceable by most practitioners, although there is not nearly as much caselaw relating to them as there is with prenuptial agreement. In New Hampshire, one state supreme court decision from 2013 has upheld the enforceability of postnuptial agreement in the context of an estate dispute. It is important to keep in mind that the jurisdiction determining the validity of a prenuptial or postnuptial agreement may change depending on whether the parties live at the time of their divorce or death. Laws and court interpretation can change over time and the review of a prenuptial or postnuptial agreement is usually many years after it is signed. Therefore, no lawyer can absolutely guarantee with certainty the enforcement of the prenuptial or postnuptial agreement in its entirety. All we can do is reduce a client’s risk substantially, but not completely eliminate it.
Best practices to maximize the enforceability include that the agreement must:
- Be in writing
- Be signed voluntarily by both parties
- Provide full disclosure of each spouse’s assets and debts
- Be fair and reasonable at the time it was signed
If these criteria are met, a postnup can serve as a powerful tool to protect both spouses’ interests.
Some people view postnuptial agreements as unromantic or a sign that a marriage is doomed. However, the reality is quite different. A postnup can be a thoughtful way to protect the relationship from future conflict and uncertainty. Much like Tigerlily’s request on 90 Day Fiancé, it’s about acknowledging life’s unpredictability and preparing for it responsibly.
Additionally, having a postnuptial agreement doesn’t mean you’re planning for divorce—it means you’re planning for fairness. It allows both partners to define their expectations and avoid misunderstandings that could strain the relationship later.
Yes, you can make a postnuptial agreement after you’re married, and for many couples, it’s a wise decision. While the process may involve difficult conversations, it’s ultimately about protecting both parties and fostering a stronger, more transparent partnership. As seen in the Tigerlily-Adnan moment, discussing postnuptial agreements can be awkward, but it also provides an opportunity for growth and understanding.
Whether you’re addressing financial changes, protecting assets, or simply seeking clarity, a postnup can provide peace of mind for the future—whatever it may hold. If you’re looking for help with a postnuptial agreement, contact an experienced family law attorney.