Sarah and Mike got married five years ago. They were young, in love, and didn't think much about money. Now Sarah has started a successful business, and Mike has inherited his grandmother's house. They want to protect their assets separately in case of divorce, but they aren’t sure how to do that after they’ve tied the knot. Sarah looks at Mike and asks, "Can you get a prenup after marriage?"
Many couples face this same question. They think asset protection agreements are only possible before saying "I do." But here's the good news: you have options after marriage too.
These agreements can change everything. They decide who gets what property if you divorce. They also say who pays which debts. For business owners, they can protect your company from being split up.
This article will explain what happens when you want to protect your assets after marriage. You'll learn about postnuptial agreements, when they make sense, and how to get one.
What is a postnuptial agreement?
A postnuptial agreement is like a prenup, but you sign it after marriage. It is a legally binding agreement that defines financial rights after a divorce.
Here's how it works:
- Prenup: Signed before marriage
- Postnup: Signed after marriage
Both agreements do similar things. They protect your assets and clarify money matters. The main difference is timing.
Why couples choose postnups
Life changes after marriage. Couples choose postnuptial agreements to clarify financial responsibilities, protect separate and newly acquired assets like businesses or inheritances, and promote transparency and communication within the marriage. Here are common reasons couples get a postnuptial agreement:
- One spouse starts a business.
- Someone gets a big inheritance.
- Your income changes a lot.
- You want to protect family assets.
Can asset protection be done after marriage? Yes, through a postnup. Postnups are just as legally binding as prenups where allowed by law.
Prenup vs. postnup - key differences
Understanding the differences helps you make the right choice.
Timing
- Prenups: Before marriage
- Postnups: Any time after marriage
Life changes
You may not need a prenup at first. You may agree on finances, big life decisions, etc., and not see the need for a prenuptial agreement. However, life changes down the road could affect your ability to make cohesive decisions on these important issues. This is when you could consider signing a postnuptial agreement.
Both agreements can cover asset protection, debt responsibility, spousal support rules, and business ownership rights. Courts often look at postnups more carefully. Why? Because spouses already have legal rights to each other's property. Judges want to make sure no one was pressured to sign.
Can you sign a prenup after marriage?
Since a prenup specifically applies to the paperwork you sign before marriage, then you cannot technically sign a “prenup” after marriage. After marriage, a postnuptial agreement is the document you need.
Brenda Guan, a LegalShield provider lawyer with McEnroe, Gotsdiner, Steinbach, Rothman & Kendell P.C. in Iowa, has some great insight to share on how postnuptial agreements work in her state:
“In some states, postnuptial agreements will not be enforceable. In Iowa, where I practice, courts are not required by law to enforce postnuptial agreements. In certain circumstances, they are outright invalid.”
“Beyond those that are outright invalid, postnuptial agreements entered into after marriage may be valid, but they are only one of the many factors a court may consider in the context of dividing property and determining an award of spousal support in a dissolution proceeding. They do not bind the actions of the court like a valid premarital agreement would. If not automatically void, postnups are a suggestion in Iowa, not a binding contract.”
Some states have stricter rules for postnups than prenups. But in most places, you can create these agreements any time after marriage.
Courts look at three main things:
- Was the agreement fair?
- Did both people share all their financial information?
- Did both spouses sign willingly without pressure?
Legal requirements for a postnuptial agreement
Getting a legally valid postnup requires having your agreement fully in writing with both parties in a signed agreement. It also means you must follow specific rules. Miss these steps, and your agreement might not hold up in court.
Full financial disclosure: Both spouses must share everything about their finances. This includes bank accounts, investments, debts, property, and business interests.
Voluntary agreement: No one can force you to sign. Both people must agree freely. If there's proof of pressure or threats, the court may throw out the agreement.
Fair and reasonable terms: The agreement can't be completely one-sided. Courts won't enforce deals that are extremely unfair to one spouse.
State law compliance: Each state has different rules. Some require witnesses. Others need notarization. Working with a lawyer ensures you follow your state's requirements.
Is a postnuptial agreement legally binding?
Yes, when done correctly and allowed by law in your state, but courts examine postnups more closely than prenups.
When will postnuptial agreements be enforced?
Certain standards must be met for a postnuptial agreement to be legally enforceable. Since marriage is already a binding legal contract, postnuptial agreements are examined more closely than prenuptial agreements. It is important to make sure all the requirements mentioned above are satisfied to ensure the agreement will hold up under legal review.
When will postnuptial agreements not be enforced?
Enforcing a postnuptial agreement can be challenging. If circumstances change significantly, or if one spouse hid or misrepresented finances, a court may decide the agreement is unfair or invalid. While postnups can be useful, they are generally harder to enforce than prenups. Agreements that get thrown out usually include:
- Hidden assets or debts
- Extreme unfairness
- Proof of coercion
- Failure to follow state laws
Reasons to get a postnuptial agreement
Many situations make postnups a smart choice. Here are the most common reasons:
Protecting individual assets: Maybe you inherited money or bought property after marriage. A postnup can keep these assets separate.
Clarifying debt responsibility: If one spouse has big debts, a postnup can protect the other spouse from being responsible.
Business protection: Starting a company after marriage? A postnup can keep your business separate from marital property.
Changed circumstances: Life brings changes. Career growth, family wealth, or new responsibilities might make a postnup necessary.
These agreements aren't just about divorce. They also help if one spouse dies. Clear rules prevent family fights over money and property.
How to get a prenup after marriage (step-by-step)
Wondering how to protect your assets after marriage? Follow these steps to get started on your postnuptial agreement:
Step 1: Discuss intentions openly. Talk honestly with your spouse about why you want this agreement. Be clear about your goals and concerns.
Step 2: Hire separate lawyers. Each spouse needs their own attorney. This prevents conflicts of interest and makes the agreement stronger.
Step 3: Exchange full financial information. Share everything about your finances. Create detailed lists of assets, debts, and income.
Step 4: Draft and review the agreement. Your lawyers will write the agreement. Take time to review and understand every part before signing.
Step 5: Sign according to state laws. Follow your state's requirements for signing. This might include witnesses or notarization. Speak with a lawyer to find out what the postnup laws are in your state.
How long after marriage can you get a postnuptial agreement?
There's usually no time limit. You can get a postnup 1 year after marriage or 20 years later.
However, timing can matter. Courts might question agreements signed right before divorce proceedings. The best time is when your marriage is stable and you're planning for the future.
Risks and considerations
Postnups come with some risks you should know about.
Relationship strain: Bringing up money and divorce can create tension. Approach the topic carefully and focus on protection, not distrust.
Risk of being unenforceable: If you don't follow legal requirements, your agreement might not work when you need it most.
Importance of legal help: Don't try to create a postnup yourself. Lawyers help you avoid mistakes that could invalidate your agreement.
Ongoing considerations: Your postnup might need updates as your life changes. Review it regularly with an attorney.
Protecting your interests after marriage
Can you protect your assets after marriage? Absolutely. Postnuptial agreements give couples the same protections as prenups, just with different timing.
The key is doing it right. Work with experienced lawyers who understand your state's laws. Be honest about your finances and fair in your terms.
Don't wait until problems arise. Proactive planning prevents conflicts later. Whether you've been married one year or twenty, it's never too late to protect your interests.
Remember, a postnuptial agreement isn't about planning for divorce. It's about creating clarity and peace of mind for your marriage.
Get professional help with LegalShield
LegalShield Members get access to experienced attorneys who can help with prenups, postnups, and other family law matters. Our network includes lawyers who understand marriage agreements and can guide you through the process.
Whether you need help drafting a postnuptial agreement or reviewing existing documents, LegalShield provides affordable legal support when you need it most.
Ready to protect your marriage and assets? Reach out to an independent associate today to learn how a LegalShield membership can give you peace of mind and professional legal guidance for all your family law needs.
Brenda Guan has been practicing law since 2024. She is licensed in both Iowa and Minnesota, and focuses her practice on family law and estate planning matters, including probate. Fluent in Mandarin Chinese and French, Brenda has a particular passion for serving the legal needs of individuals who do not speak English as their primary language.
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