914.946.0848  .  contact  .  map & directions  .  subscribe  .  LinkedInFacebookTwitterGoogle+

Postnuptial Agreements

May 18, 2021  | 
Couple signing real-estate contract

{3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one?

A postnuptial agreement is an agreement that a married couple can create to do the very things that a prenuptial agreement can do in terms of spousal support and distribution of property and debt. While you can include provisions about child support and custody, those provisions would still be subject to a court’s determination as to the best interests of the children.

Provisions regarding children aside, pre- and post-nuptial agreements will be enforceable if validly executed and the following factors are met: 

  • The agreement provides benefits for both parties. 
  • There is full and complete financial disclosure.
  • Both parties have had the agreement reviewed by an attorney.
  • There is no fraud, duress or undue influence.
  • The agreement is properly executed in the same manner as a separation agreement.

The main reason why a couple would want to execute a postnuptial agreement is that it can be a way for them to continue the marriage. They can be going through a difficult time, and it’s possible that having financial matters settled can help them feel more inclined and comfortable in working with a mental health professional to remain married.

Here are some situations where I have seen postnuptial agreements benefitting a couple:

1. One party accumulated a lot of debt without the other’s knowledge. The other party was upset about it and wanted to be sure that they would not be liable for their spouse’s debt and any additional debt that the other may accumulate.
 
2. The parties agree that their relationship needs some help to repair it, but one or both are afraid of entangling finances any further. They fear sharing future assets and income if they cannot successfully save their marriage.
 
3. The parties agree that one of them should stay home with the children full time, and not work. That person wants some security in terms of support if there is a future separation since they gave up a secure job and career to remain with the children.
 
Entering into a postnuptial agreement doesn’t mean that you are ending the marriage — in fact, it can help you to save your marriage. 
Clare Piro Attorney and Mediator

Attorney & Mediator
500 Mamaroneck Avenue | Suite 320
Harrison, NY 10528
Tel: 914.946.0848

Email »

Comments

Search
Topics
Mediation (133) | Divorce (124) | Separation (41) | Divorce Mediation (19) | Mediator (13) | Child Support (11) | Litigation (11) | Communication (10) | Separation Agreement (10) | Conflict (10) | Prenup (7) | Attorney (7) | Consultation (7) | Co-Parenting (7) | Marital Home (6) | Collaborative Divorce (6) | Parenting (6) | Clare A. Piro (6) | Clare A. Piro Mediation (6) | Assets (5) | Children (5) | Parenting Plan (5) | Equitable Distribution (4) | Child Support Standards Act (4) | Family (4) | Settlement (4) | Agreement (4) | CSSA (4) | Marital Assets (4) | Finances (4) | Expenses (4) | Separate Property (4) | Financial Professional (3) | Child Consultant (3) | Prenuptial Agreement (3) | Relationships (3) | Listening (3) | Informed Decisions (3) | Emotions (3) | Negotiation (3) | Child Inclusive Mediation (3) | Responsibility (3) | Marital Property (3) | Divorce Coach (3) | Family Court (3) | Clients (3) | Clare Piro (3) | Blended Families (3) | Divorce And Children (3) | Divorce Mediator (3) | Joint Decisions (3) | Divorce Finances (3) | Estate Documents (3) | Divorce Agreement (3) | Mediation Myths (3) | Spousal Trust (3) | New York Child Support Statute (2) | Will (2) | Anxiety (2) | Separation Agreements (2) | Surviving Spouse (2) | Inheritance (2) | Mediate (2) | Estate (2) | CDFA (2) | Entitlement (2) | Child Support Standards Act (CSSA) (2) | College Expenses (2) | Budgets (2) | Moving Forward (2) | Spouse (2) | Joint Decision Making (2) | Spousal Support (2) | Grace (2) | Law Professionals (2) | Attitude (2) | Apology (2) | Humanity (2) | Right Of Election (2) | Mediation Versus Litigation (2) | Compromise (2) | Settlement Agreements (2) | Trust Issues (2) | Mediation Benefits (2) | Couples (2) | Legislation (2) | Seperation (2) | Collaborative Practice (2) | Equal Parenting Plan (2) | Step-Children (2) | Step-Father (2) | Anger (2) | Unrequited Love (2) | Post-Divorce Income (2) | Calculating Support (2) | Bitterness (2) | Pandemic (2) | Step-Mother (2) | Certified Divorce Financial Analyst (CDFA) (2) | Consulting Attorney (2) | Custody (2) | Conflict During Mediation (2) | Agreements (2) | Budget (2) | Truth (2) | Selling The Marital Home (2) | 50/50 Parenting (1) | Parenting Schedules (1) | DecisionMaking (1) | Agreement To Mediate (1) | Older Adults (1) | CoParenting (1) | Caucus (1) | Family Occasions (1) | Retirement Plans (1) | Pensions (1) | Legal Rights (1) | Honest Conversation (1) | Eldercare (1) | Technical Difficulties (1) | New York Family Court (1) | Expectations (1) | Parenting Styles (1) | Coparenting (1) | Perspective (1) | Mediating Onine (1) | Tough Decisions (1) | Religious Holidays (1) | Family Court Presumptive ADR Program (1) | Opposites (1) | Anxious Thoughts (1) | Empowerment (1) | Retirement (1) | Advocacy (1) | Separate Property Credit (1) | Personality (1) | Pathological Liar (1) | Mediating Virtually (1) | COVID 19 (1) | Children And Divorce (1) | Custody Determination (1) | On-Duty Parent Responsibilities (1) | Mediating Emails (1) | Family Mediations (1) | Communicating (1) | Co-parenting (1) | Child Focused Mediation (1) | Transition Day (1) | NYs Child Support Guidelines (CSSA) (1) | New Year’s Resolutions (1) | Child Support Payment (1) | A Neutral (1) | An Advocate (1) | 50/50 Parenting Plan (1) | Child's Best Interests (1) | Tone Of Voice (1) | Intention (1) | Older Parents (1) | Depression (1) | Languish (1) | Thrive (1) | Elder Mediation (1) | Non-Residential Parent (1) | Lack Of Focus (1) | Waiving Spousal Support (1) | Postnuptial Agreements (1) | Facial Expression (1) | Feelings (1) | Primary Caretaker (1) | Joseph Goldstein (1) | New York’s Child Support And Maintenance (1) | Domestic Violence (1) | Pension Plans (1) | File A Petition (1) | Children Of Divorce (1) | Interest Rates (1) | Real Estate (1) | Self Compassion (1) | Inflation (1) | Buyout (1) | Credit Against Child Support (1) | Real Estate Buyout (1) | Buyout Options (1) | Partial Buyout (1) | Self Reflection (1) | Meditation (1) | Divorce Terms (1) | Divorce Agreement Terms (1) | Postnup (1) | Default Provisions (1) | Parenting Agreement (1) | Consulting (1) | Fairness (1) | Separate Asset (1) | Marital Asset (1) | Post Divorce Budgets (1) | Financial Professionals (1) | Review Attorney (1) | Unfaithful Spouse (1) | Spousal Infidelity (1) | Financial Impropriety (1) | Mediation Friendly Attorney (1) | Regrets (1) | Daniel Pink (1) | Holding On To Regrets (1) | Biggest Regrets In Life (1) | Regrets In Life (1) | Spousal Support Payments (1) | Introducing Significant Others (1) | Real Estate And Divorce (1) | Joint Ownership Post Divorce (1) | Active Listening (1) | New York Divorce Law (1) | Lowest Acceptable Offer (1) | Concession (1) | Significant Others (1) | Mediation Caucus (1) | Speak Up (1) | Support (1) | Hope (1) | Beliefs (1) | Saving Grace By Kirsten Powers (1) | Kirsten Powers (1) | Court (1) | Ideas (1) | Disagreements (1) | Mediation Process (1) | Matrimonial Practice (1) | Kindness (1) | Righteous Anger (1) | Judge (1) | Pro-Rata (1) | Qualified Domestic Relations Order (QDRO) (1) | Pension (1) | Alternative Dispute Resolution (1) | ADR (1) | Actuarial Company (1) | Income Level (1) | Support Add-ons (1) | Bonuses (1) | Commissions (1) | AcceptableOutcome (1) | Happiness (1) | Commitment (1) | Being Understood (1) | Being Heard (1) | Divorce Needs (1) | Successful Mediations (1) | Cancer (1) | Breast Cancer (1) | Ovarian Cancer (1) | Support Connection (1) | Collaboration (1) | Decision Makers (1) | Parent Coordinator (PC) (1) | Final Decisions (1) | Parent Coordinator (1) | Contentment (1) | Cultural Holidays (1) | Emotional Trauma (1) | Cohabitation Agreement (1) | Cohabitating (1) | Unmarried (1) | Presumptive ADR Program (1) | Marital Concerns (1) | Contribution (1) | Parents (1) | Disclosure (1) | Moving On (1) | College (1) | Nesting (1) | Commingling (1) | Married Couples (1) | Hurricane Harvey (1) | Compassion (1) | Unemployment (1) | Seperation Agreement (1) | Power (1) | School Year (1) | Kids (1) | Summer (1) | Acknowledgement (1) | Conflicy (1) | Payments (1) | Extremes (1) | Fall (1) | Transmutation (1) | Maritial Property (1) | Settlement Term (1) | Settle Agreement (1) | Joint Account (1) | Financial Costs (1) | Life Insurance (1) | Beneficiary (1) | Custodial Parent (1) | Intervention (1) | Dreaming (1) | Therapy (1) | Lack Of Trust (1) | Accusations Of Delay (1) | Negative Communication (1) | Divorce Papers (1) | Retirement Account (1) | Maritial Assets (1) | Joint Legal Custody (1) | Installment Agreements (1) | Tentative Agreements (1) | Permanent Agreement (1) | Temporary Agreement (1) | Marriage (1) | Resolution (1) | Mental Health (1) | Equity (1) | House (1) | Finding Love After Divorce (1) | Specialist (1) | Relocation (1) | Self Determination (1) | Self-determination (1) | Difficult Clients (1) | Change (1) | Post-Divorce Dating (1) | Alone At The Holidays (1) | Moving On After Divorce (1) | Joint Physical Custody (1) | Parenting Post-Divorce (1) | Parenting Plans (1) | Halloween (1) | Fear Of Divorce (1) | Holidays Post-Divorce (1) | Holiday Blues (1) | Scared Of Divorce (1) | New York State (1) | Control (1) | Living Apart (1) | Living Together (1) | Effects On Family (1) | Older Dogs (1) | Baby Boomers (1) | Grandparents (1) | Scarcity (1) | Abundance (1) | Divorce Law (1) | Adopt Shelter Dogs (1) | Dogs (1) | Year In Review (1) | Mindfulness (1) | Equality (1) | Balance (1) | 2015 (1) | Blame (1) | New York (1) | Self-talk (1) | Advice (1) | Financial Situation (1) | Husband (1) | Equitable Distribution Statute (1) | Apologizing (1) | But (1) | Fiancé (1) | Property Distribution (1) | Meditate (1) | Mediation Misconceptions (1) | Social Distancing (1) | Maintaining Calm (1) | Coronavirus (1) | Prenuptial Agreement (Prenup) (1) | Collaborative Process (1) | Financial Documents (1) | Financial Information (1) | Family Law Software (1) | Mental Health Professional (1) | Court Process (1) | Needs Vs Wants (1) | Attitudes Toward Prenups (1) | Asset Distribution (1) | Court Vs Mediation (1) | Complicated Finances (1) | FinancialPortfolio (1) | Understood (1) | Heard (1) | Unhappy Relationship (1) | Lack Of Communication (1) | Couples Counseling (1) | Power Of Regret (1) | Holiday Season (1) | Separating (1) | Guilt (1) | Remain Healthy (1) | Maggie O’Connor (1) | Court Order (1) | Matrimonial Cases (1) | Custody Disputes (1) | Multiple Assets (1) | COVID19 (1) | Social Security Assets In Divorce (1) | Global Pandemic (1) | Career Change (1) | Returning To The Workforce (1) | Lawyer (1) | Fear Of Separation (1) | Matrimonial Dispute (1) | Perfection (1) | Holiday Preparations (1) | Work Stress (1) | LawyerDivorceMediation (1) | MediationSession (1) | Attitudes (1) | Significant Other (1) | AttorneyPresence (1) | FamilyMediation (1) | Spouses (1) | Dishonest (1) | Married (1) | Affair (1) | Bankruptcy (1) | Wife (1) | Settlement Agreement (1) | Personal Relationships (1) | Little White Lies (1) | Lies (1) | Public Trust (1) | Family Enrichment (1) | Remarriage After Divorce (1) | Frame Of Mind (1) | Reluctant Spouse (1) | Telling Your Spouse (1) | Seller (1) | Marriage Counseling (1) | Patience (1) | PostNup (1) | Post Nuptial (1) | Time To Process (1) | Buyer (1) | Cash Flow (1) | Dividing House Asset (1) | Ex-Spouse (1) | Accepting Responsibility (1) | Taking Responsibility (1) | Emotional Attachment (1) | Divorce Assets (1) | Interest Payments (1) | Equity Loan (1) | Refinance (1) | Parental Holiday Sharing (1) |
Connect
Close Announcement

Online Mediation Available

I am providing family and divorce mediation services online. Click to learn more.