Marriage is a partnership built on love and trust, but it also comes with financial and legal responsibilities. A postnuptial agreement, created after a couple is already married, helps set clear expectations for how assets and debts will be handled in the event of a divorce of separation. By putting these protections in place during the marriage, couples can reduce stress, protect assets, and focus on building a secure future together. If you are contemplating a postnuptial agreement, continue reading and always consult with an experienced family law attorney.
What is a Postnuptial Agreement?
A postnuptial agreement is a legally binding contract between two spouses that outlines how their assets will be divided in the event of divorce or separation. These agreements can define which property is considered separate, meaning it belongs to one spouse individually, and which property is marital, belonging jointly to both. By clarifying these distinctions, postnuptial agreements provide structure and help protect assets in situations where property division may otherwise be uncertain.
Unlike a prenuptial agreement (“prenup”), which is executed before marriage, a postnuptial agreement is signed after the wedding. In some cases, spouses enter into such agreements soon after marrying, while others may not draft ones until years or even decades later. Though the timing is different, a “post-nup” can address many of the same issues as prenups, such as division of property and financial rights of each spouse.
How a Post-nup Can Benefit You and Protect Your Assets
Postnuptial agreements can be valuable for protecting assets and clarifying each spouse’s financial rights. They may address property acquired before or during the marriage, each spouse’s ability to buy or sell property, and management or control of specific assets.
There are many reasons why a couple may decide to create a post-nup after marriage. Common situations include one spouse receiving a significant inheritance or gift, starting a new business venture, buying new assets, or incurring new debts individually. A postnuptial agreement ensures that such changes are properly addressed and do not unfairly impact the other spouse.
One of the greatest benefits of a postnuptial agreement is that it can eliminate economic uncertainty in the event of divorce. Normally, a court must determine which assets are marital property and which are separate. All marital property is subject to Connecticut’s equitable distribution law, which means property is divided in a way that a court deems fair (not necessarily 50/50.) With a valid postnuptial agreement in place, courts will honor the terms of the agreement, which can save time, stress, and the legal costs of litigating property division.
Limitations of Postnuptial Agreements
While postnuptial agreements offer many protections, they do have limitations. For example, they cannot decide issues of child custody or visitation. These matters are always decided by the “best interests of the child” standard and as such cannot be predetermined.
Post-nups may, however, address alimony as couples can agree to limit or even waive alimony. Still, courts retain the authority to order spousal support if enforcing the agreement would result in one spouse facing extreme financial hardship and forced onto public assistance.
Ultimately, while a postnuptial agreement can simplify the distribution of property, debts, and money in divorce, it cannot resolve every family law issue that may arise.
How to Create a Valid Postnuptial Agreement in Connecticut
In Connecticut, postnuptial agreements are valid contracts governed by the same requirements that apply to prenuptial agreements under General Statutes Section 46b-36d(a). The key difference is that a post-nup is created after the marriage has already begun.
To be enforceable, both spouses must provide full and transparent financial disclosures. Each party should fully understand the terms of the agreement before signing, and it is strongly recommended that both at least consult with independent legal counsel. Having an experienced family law attorney draft or review the agreement ensures that it meets legal standards and protects your interests.
Contact Merino Family Law for Help with Postnuptial Agreements in Connecticut
A postnuptial agreement can provide peace of mind, financial clarity, and security for both spouses. Whether you are considering a postnuptial agreement to protect your assets, clarify financial expectations, or bring peace of mind to your marriage, having the right legal guidance makes all the difference. Merino Family Law firm is dedicated to guiding clients through all types of family law matters with care and compassion. Contact our Connecticut firm today to schedule a consultation and learn how we can help you protect your future with a valid postnuptial agreement.