You may benefit from a postnuptial agreement in the following situations:
- You and/or your spouse brought property into the marriage, and want to clearly indicate your individual wishes for the property you brought into your marriage.
- You and your spouse have children from previous marriages or relationships, and want to protect your children’s inheritance by making sure that certain assets would pass to those children.
- Your spouse has been financially irresponsible (spending money or gambling) or has encountered legal trouble during the marriage (being sued), and you want to protect your assets both during the marriage and in case of divorce.
- You got a financial windfall (inheritance, lottery winnings, significant salary increase), and want to protect your assets during the marriage and in case of divorce.
- You put your career on hold to be a stay-at-home parent or otherwise support your spouse’s career, and want to make sure you will have sufficient financial support if the marriage ends in divorce.
- You and your spouse have decided on a course of action to save your failing marriage, and want to memorialize your discussions as a show of good faith.
- You bought or formed a new business during the marriage and want to clarify each party’s interest in the business, or that the business is not to be considered marital property.