Postnuptial Agreements

A postnuptial agreement is an agreement between married spouses after they marry but before they divorce. Postnuptial agreements often are made after some point of conflict in a marriage or after some significant financial change.

Such agreements may be made to change the terms of a prenuptial agreement or when you live separately, possibly in anticipation of a separation of a divorce. Postnuptial agreements are comparable to premarital agreements in that they seek to protect the assets of one or both spouses in the case of divorce or death.

Some of the key requirements of a postnuptial agreement are:

  • Complete disclosure of assets
  • The lack of any coercion
  • Fairness

Like premarital agreements, should a spouse die or should there be a divorce, postnuptial agreements concern:

  • The division of property
  • Alimony
  • Child support

Prenuptial agreements and postnuptial agreements are not alike when it comes to disclosing the extent of a person's estate. Before marriage, the parties are not required to disclose how large the estate is. After marriage, when a postnuptial agreement is made, neither spouse can conceal his or her estate value.

An Orlando Family Law Attorney Can Help

Postnuptial agreements are legal documents and may often be made during a time of marital discord. For both these reasons, it is advantageous to have the support and counsel of an attorney who can best represent your interests.

The Orlando family law attorneys at Troum & Wallsh have experience in postnuptial agreements and other areas of Florida family law. We recognize that these issues can be emotional for everyone involved and we strive to not only handle these cases with care, but also with efficiency.

If you are considering a postnuptial agreement and would like professional advice on how to best protect your interests, contact us for a consultation.