What is a Post-Nup?
Marriage is a partnership built on trust, love, and sometimes, financial planning. While most people have heard of prenuptial agreements, fewer know about postnuptial agreements—often called post-nups. These legal documents can help married couples protect their financial future, especially if their situation changes after the wedding.
If you’re married and living in Los Angeles or anywhere in California, it’s important to understand what a post-nup is, how it works, and whether it might be right for you.
What Is a Postnuptial Agreement?
A postnuptial agreement is a legal contract between spouses created after the marriage has taken place. It outlines how things like property, money, debts, and other financial matters will be handled if the marriage ends in separation, divorce, or death.
How Is a Post-Nup Different from a Pre-Nup?
The main difference between a post-nup and a pre-nup is when the agreement is signed. A prenup is signed before the wedding. A postnup is signed after the couple is already legally married. Both agreements deal with similar issues, like property division and spousal support.
Why Would Someone Want a Postnuptial Agreement?
There are many reasons couples decide to create a post-nup. It doesn’t mean the couple is heading for divorce. In fact, many couples use post-nups to strengthen their marriage by creating clear expectations.
Common reasons for a post-nup include:
- A big financial change – One spouse inherits money, starts a business, or gets a large raise.
- Trust issues – A couple may want to rebuild trust after a difficult time in the relationship.
- Blended families – When there are children from a previous relationship, a post-nup can protect their future.
- Debt concerns – If one spouse has high student loans or credit card debt, the agreement can say who is responsible.
- Protecting family property – A spouse may want to keep family-owned property, such as a home or business, in their family.
In short, post-nups can help create peace of mind and reduce future arguments.
Are Post-Nups Legal in California?
Yes, postnuptial agreements are legal in California. However, there are strict rules to make sure the agreement is fair and enforceable.
Legal requirements for a valid post-nup in California include:
- Voluntary agreement – Both spouses must agree to the post-nup without pressure or threats.
- Written document – The agreement must be in writing and signed by both parties.
- Full financial disclosure – Each spouse must fully share their income, assets, and debts.
- Fair terms – The agreement must be fair. Courts can reject post-nups that are one-sided or unfair.
- Legal understanding – While not required, it is best if both spouses have their own attorneys.
If these steps are not followed, a judge may throw out the post-nup during a divorce.
What Can a Postnuptial Agreement Include?
Post-nups can be very detailed. They can cover a wide range of financial topics that affect your marriage.
Division of Property
You can decide which spouse owns which property. This includes homes, cars, jewelry, bank accounts, or anything valuable.
Division of Debts
Post-nups can also divide responsibility for debts, like car loans, student loans, and credit cards.
Spousal Support (Alimony)
You can agree on whether either spouse will pay alimony if the marriage ends. You can also agree to waive support entirely.
Business Ownership
If one or both spouses own a business, a post-nup can protect the business from being split during divorce.
Retirement Accounts
You can decide how retirement savings or pensions will be handled in the future.
What Can’t a Post-Nup Do?
A postnuptial agreement cannot decide anything about child custody or child support. These issues are always handled by the court during a divorce and are based on what is best for the child at the time. The court will look at things like parenting ability, financial situation, and the child’s needs, not what was agreed to in a post-nup.
Is a Post-Nup Right for You?
Only you and your spouse can decide whether a post-nup is a good choice. If you’ve had major life changes, want to protect personal property, or just want more financial clarity, it may be time to talk about creating one. Having open, honest conversations about money can bring couples closer together. And in case things don’t go as planned, you’ll have a clear roadmap to help both parties move forward fairly.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586