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How to talk to a spouse about a postnuptial agreement

by | Sep 6, 2017 | Blog

Prenuptial agreements have grown in popularity in recent years. CNBC even reports that the number of prenups in America has increased five times in the last 20 years. There are various explanations for this, including the fact that more people are aware of their finances and the risks in place for a divorce. 

Many couples from all income brackets utilize prenuptial agreements in case the marriage ends in divorce. However, even if a couple did not obtain a prenup, they can still acquire a postnuptial agreement. It is basically the same thing as a prenup except it is put into place after the couple is already married. If one spouse wants a postnuptial agreement, then it can seem tricky to bring it up. Here are some ways to go about it. 

Understand all the aspects that go into a postnuptial agreement

There are a variety of issues brought to the forefront in a postnup. Some common issues discussed include:

  • Who owns what property
  • Who pays off any outstanding debts
  • Who has control of any business assets
  • What protections are in place in one of the spouse’s death

Many people are hesitant to bring up a postnuptial agreement because it seems like they are unsure the marriage will last. The marriage can be perfectly fine to enter a postnup. It is simply a document to plan for the future in case the marriage ends in divorce. If the couple is happy, then the postnup never has to come up again. 

Show how the document will resolve an ongoing issue

As an example, say one spouse in a partnership starts a business during the marriage and wants to protect it in the event of a divorce. Determining who has control of a business is a contentious issue, but creating a postnup can help clear some things up. Postnuptial agreements are also useful when it comes to matters with children, changes in financial status or changes in ownership of assets.