Moving the date of agreement doesn’t change its meaning
We’ve all heard about the prenuptial agreement, the arrangement arranged before the “I Do’s” that protects the assets of each couple in a marriage in case of a divorce. But what happens if you’re past that stage… after the wedding, honeymoon and returning the twenty serving platters you got as gifts? Well, welcome the post-nuptial agreement into your lives.
Even though the economy has gotten slightly better, it has been one of the major reasons for the rise in popularity of the post-nup for two reasons. First, as we’ve discussed earlier, some couples aren’t in a financial position to get divorced. As a divorce lawyer, I can tell you that some (not all!) splits can be very pricey for both people involved (early withdrawals on split retirement accounts are just one reason why). The other is if those in that situation feel that a divorce is the best solution once they get in a better financial situation, they want to make it as neat as possible. So they enter into a post-nuptial agreement where they arrange a division on the property that makes most sense, then just ride out the clock until they can split.
Another, less cynical, reason for a post-nup is to change who gets what in the even of your death. For example, if you were blessed with grandchildren, you might want to change your property designee from your child to their child. Also, any changes made to a pre-nup is essentially a post-nup, so look at them the same way. It may not be the most romantic of moves, but in the end, sometimes you have to do what you need to wind up ahead in the end.