Should you get a postnuptial agreement?

On Behalf of | Jan 14, 2025 | Prenuptial Agreements

Do you ever wonder if you and your spouse should’ve signed a prenuptial agreement before you married? At the time, you might have thought it was unromantic or that it was laying the groundwork for divorce before the wedding even took place.

While it’s too late for a premarital agreement, you can create a postnuptial agreement.

What’s in a postnuptial agreement?

A postnuptial agreement is a legally binding contract that is signed after you are married. There are several reasons why a couple may decide they need a postnuptial, such as:

  • A significant financial change has occurred, such as one spouse receiving an inheritance, starting a business or taking on substantial debt.
  • They want to ensure that verbal agreements are documented.
  • This is a second marriage for one or both parties and a postnup can ensure that children from previous relationships are financially protected.
  • The marriage is facing challenges, and the postnup allows them to revisit each spouse’s roles and responsibilities.

Every couple has their own set of unique circumstances, and their postnup should reflect that. However, most postnuptial agreements include the following components:

  • Ownership of assets, such as real estate, investments, retirement accounts and certain luxury possessions
  • Who’s responsible for certain debts, including student loans, credit cards or business debt
  • Spousal support if the marriage ends
  • Future assets, such as bonuses or commissions

While Florida courts recognize a postnuptial agreement, they may be scrutinized to ensure that:

  • Both spouses fully disclosed their financial information
  • The agreement was signed voluntarily by both parties
  • It’s fair and doesn’t heavily favor one spouse

If you think a postnuptial agreement will benefit you and your spouse, you should contact someone who can help you with the process and ensure the agreement complies with Florida’s statutes.