Postnuptial Agreements: Why It’s Not Too Late After the Wedding

Marriage isn’t just an emotional connection. When you get married, you are also connecting yourself to another person legally and financially. For this reason, many couples choose to get a prenuptial agreement (or prenup) to decide how financial matters will be decided in the event of a divorce.

However, if you don’t sign a prenup before you get married, it isn’t too late. In Massachusetts, you and your spouse can sign a postnuptial agreement (or postnup) at any point after you get married. This type of agreement can also deal with financial issues, such as spousal support and the division of assets and debts, in the event of a divorce. Massachusetts courts will generally uphold a postnuptial agreement as long as it was fair and reasonable when signed and when it is enforced.

At Infinity Law Group, our team of experienced family law attorneys represents Boston-area clients across a range of issues, including divorce, child custody, child support, and alimony. If you are getting married or are already married, we can also assist you with drafting a prenuptial or postnuptial agreement to protect your financial interests in the event of a divorce. Reach out to our law firm today to schedule a free consultation with a Boston postnuptial agreement attorney.

What Is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement. The main difference between the two is that a postnuptial agreement is signed after (post) marriage, while a prenuptial agreement is signed before (pre) the wedding. Like a prenup, a postnuptial agreement is a contract between a couple.

Also referred to as a marital agreement, postnups can address financial matters, such as:

• How assets and debts acquired before or during the marriage will be divided in case of divorce;
• Whether alimony will be paid, and if so, the amount and duration of spousal support;
• How a jointly-owned business will be valued and divided;
• Who will be responsible for marital expenses, income, and financial management during the marriage;
• That inheritances and gifts are separate property;
• Preserving the financial interests of children from previous relationships; and
• How property and assets will be handled in the event of the death of one spouse.

As with prenuptial agreements, postnups cannot include provisions for child custody. They also cannot include illegal clauses, like lifestyle provisions such as a spouse being financially penalized for infidelity or gaining weight.

To be enforceable, a postnuptial agreement must meet the following criteria:

• Each party had the chance to hire separate legal counsel of their own choosing.
• There was no coercion or fraud.
• There was full disclosure of each party’s assets prior to the execution of the agreement.
• Each party knew and explicitly waived marital rights, including the right to a court-ordered equitable division of marital assets in the event of divorce.
• The agreement was fair and reasonable both at the time that it was executed and at the time of the divorce (known as the “second look”).

Courts will closely scrutinize fairness in postnuptial agreements to ensure that it was balanced when it was signed. A judge will also look at the postnuptial agreement at the time that it will be enforced to make sure that it is fair, accounting for any changed circumstances. A significant life change, such as one spouse suffering a major illness or disability or a spouse receiving a large inheritance, can affect the enforceability of a postnuptial agreement.

If a postnuptial agreement is valid, then it can streamline divorce proceedings. Instead of having to negotiate or litigate issues like asset division, debt allocation, and alimony, the parties and/or the court will look to the terms of the contract. However, if the agreement is considered outdated because of life changes, a court may disregard it and make decisions based on Massachusetts law instead.

If a postnup is challenged during a divorce, then the party seeking enforcement has to prove that it is both valid and enforceable. A court will examine the fairness of the document, as well as issues such as evidence of incomplete financial disclosure, duress, or coercion. For example, if there is evidence that one spouse demanded that the other sign the agreement or else they would divorce them, that might be enough to invalidate the postnuptial agreement.

The best way to ensure that your postnuptial agreement is valid and enforceable is by working with an experienced Boston family law attorney. Our legal team will analyze your situation and work with you to ensure that your agreement meets the standards for postnups under Massachusetts law. We can also work with you to revoke an existing agreement and draft a new one to account for changed circumstances.

Is There a Time Limit for Signing a Postnuptial Agreement?

You can sign a postnuptial agreement at any time after you get married. It does not matter if you sign it the day after your wedding or 50 years into your marriage. As long as it meets the standards for enforceability under Massachusetts law, your postnup will be valid.

There are many reasons why a couple might decide that a postnuptial agreement is necessary. This may include:

• You didn’t have time to sign a prenup before the wedding, but you realize that it makes sense to have an agreement about finances in place.
• You have more clarity about marital finances and want to affirm financial expectations for your marriage.
• You have received a large inheritance and want to make sure that it doesn’t become marital property if it is commingled with marital property in some way.
• Your financial situation changes in some way, such as the couple deciding that one spouse should be a stay-at-home parent, or one spouse becomes disabled and can no longer work.
• One spouse incurs new, significant debt or is struggling with an issue like a gambling or substance abuse addiction.
• You or your spouse owns a business and wants to specify how it will be treated in a divorce.

Whatever the reason may be, a postnuptial agreement could be a smart financial decision. Not only can you protect your assets in the event of a divorce, but it can also help to reduce legal fees if you do split up. With a postnup, you may be able to resolve your divorce amicably, at least when it comes to property division and alimony.

Considering a Postnup? Give Our Law Firm a Call.

Whether you have been married for just a few months or for years, a postnuptial agreement is a good way to define each spouse’s financial interests in a marriage. It is a practical document that is designed to reduce attorneys’ fees and uncertainty in a divorce. If you are thinking about a postnup, our experienced Massachusetts postnuptial agreement attorneys can help.

At Infinity Law Group, we offer strategic legal advice on Massachusetts family law issues to clients. We have substantial experience with both drafting and litigating prenuptial and postnuptial agreements, which allows us to help clients create agreements that are legally valid and enforceable. To learn more or to schedule a free consultation with a Boston postnup lawyer, give us a call at 617-250-8236 or fill out our online contact form.

Related: Business Owners & Prenups: How to Keep Your Company Separate