When to get a postnup? 

When to get a postnup? 

You can get a postnup at any time after entering into a marriage. Prenups and postnups serve to protect you, your family, your business, and your children in the event a divorce occurs. 

Life triggers that should result in a postnup. 

You didn’t have time to get a prenup: Sometimes, marriage timelines are rushed, and the wedding occurs sooner than expected. In cases like these, a postnup is perfect. Postnups offer you the same protection as a prenup, with the only difference being the postnup occurs once you’ve entered into a marriage. 

You or your spouse opened a business: Opening a business is no simple task; wanting to protect it is natural. If the business was opened before you were married, it would be a nonmarital asset, but if it was opened during marriage, it’s a marital asset. A postnup can protect the business owner(s) and stakeholders. A postnup also helps ensure your wishes are respected should anything happen to you or your marriage. 

Either spouse receives or is about to receive an inheritance: Coming into an inheritance such as property, antiques, a large sum of money, or another asset is a blessing. Say you are inheriting your family home; you will likely want the property to stay within your lineage. A postnup can help preserve the asset for future generations. In cases involving a marriage where one or both spouses have children from another relationship, a postnup is especially helpful. 

You’re about to purchase a property: If a prenup is not in place or if it fails to outline how real estate should be distributed upon divorce, a postnup helps legally enforce your wishes. For example, a pre/postnup can allow each spouse to receive their initial investment back on top of any additional profit in the event a divorce/separation occurs. 

You are having problems in your marriage:  Most, if not all, marriages have challenging moments. Of course, this does not mean to rush into a divorce if your marriage is going through a rough patch, but having a postnup created can alleviate concerns each spouse has. Definitely talk to one another and try to resolve the marital issues. Remember why you married each other. In situations involving spouses who may not see eye-to-eye at the moment and divorce has become a topic of conversation, then discussing the benefits of getting a postnup can help bring a sense of calmness to the situation. 

Getting a postnup or prenup does not mean you do not love your spouse. 

This is a common objection we often hear when couples come in and inquire about a pre/postnup. Documentation helps keep life civil and organized. 

An experienced prenup/postnup Fort Lauderdale Lawyer can help.

Sara J. Singer is an experienced Fort Lauderdale Family Law Attorney who provides exceptional legal advice and guidance to help her clients ensure they are protected. If you have questions or wish to speak with a legal team member, call our office at 954-527-2855 or message us online.

Leave a Comment