Postnuptial Agreements Growing in Popularity
March 7, 2016
Postnuptial agreements are on the rise in the U.S. According to the American Academy of Matrimonial Lawyers (AAML), more than 51% of its members have reported an increase in postnups in the past 3 years, while 36% have noticed an increase in the number of women requesting postnuptial agreements. Your Florida Family Law attorney must be prepared to take on this important and growing trend.
Many couples who were not comfortable suggesting a prenuptial agreement, often because it felt wrong to discuss finances and the possibility of a divorce, change their minds after marriage. It is only then that they realize that these agreements are an important protection for the worst case scenario. After couples are married, they often have an easier time discussing these practical matters, and may then decide to put a postnuptial agreement in place.
Postnups can be an effective tool to help couples avoid trouble spots and keep financial issues from escalating into major conflicts that could potentially jeopardize the marriage. One of the most common reasons for entering into a postnup is a significant change in financial status, so the fact that more women are requesting these agreements is telling. Postnuptial agreements are as valid as prenuptial agreements, and they are recognized in most states, including Florida.
Content of Postnuptial Agreements
Postnups are legal contracts, signed after marriage. They specify how a couple’s assets and debts will be divided in a divorce or separation. They can be used to spell out the division of separate property as well as marital property.
Postnups may also include details about spousal and child support, how health and life insurance premiums will continue to be paid, and who is responsible if long-term care is needed. Make certain that you consult with your family law attorney about the content of your postnuptial agreement.
Reasons to Have a Postnuptial Agreement
Some people prefer postnuptial to prenuptial agreements because after marriage, you have more knowledge and a better understanding of your spouse, and the financial matters associated with your marriage. Postnups can serve a number of purposes, including:
- Taking control of how your property is divided in the event of divorce, as opposed to leaving it up to the court.
- Providing for children from a previous marriage with separate or marital property.
- Demonstrating to your spouse that you are serious about remaining in the marriage by signing an agreement in which the terms are favorable to your spouse.
- Ensuring your future financial security when you leave the workforce to stay home to care for children.
Florida Family Law Attorney
If you and your spouse are considering a postnup, contact Jodat Law Group in Bradenton, Sarasota, Tampa or Venice for professional legal guidance and assistance in structuring your agreement. We have been serving Florida people for decades. Our Florida family lawyers know that the stakes are high when you are dealing with family matters, and we understand the importance of protecting yourself, your spouse, your children, and your assets.