Compassionate About People. Passionate About The Law.

On the brink of divorce? Do a post-nup and save your marriage

While some New York couples plan ahead and do a prenup before taking the plunge, others get married without any documents in place to protect present or future assets and resources.

However, this can lead to problems down the marital road that sometimes end with the couple facing off in divorce court. But there are ways to stave off a looming divorce, and one of them may be a post-nuptial agreement.

A properly written post-nup can help feuding couples sort out financial disputes by detailing the equitable distribution of assets and monetary resources between the couple without them having to resort to a divorce.

A post-nup can be especially helpful when the parties have completely different attitudes about and experiences dealing with money. One may naturally be more of a spender and a risk-taker while the other craves security and abhors running up debt.

One Los Angeles attorney and author explains it thusly. "It's the same concept as a prenuptial agreement. [But] instead of being done before a marriage, it's done during a marriage."

Postnups are still done less often than prenups, but are enjoying an uptick in popularity. Almost half of the attorneys who were polled by the American Academy of Matrimonial Lawyers reported seeing an increase in the number of postnups in their practice from 2002 to 2007.

And while the agreements usually settle financial concerns, postnuptial agreements can also be used to decide issues like the division of household labor, how frequently and for how long a mother-in-law may visit or the number of boys-only weekends or girls' night out the husband and wife are allowed.

The goal of a post-nup is to carefully spell out expectations and responsibilities to avoid one or both spouses feeling taken advantage of or placed in a financial bind. Well-crafted by an experienced attorney, a post-nup can make the difference between marital happiness and divorce court.

Source: CNN, "Quit fighting -- get a postnuptial agreement" Robert DiGiacomo, Oct. 16, 2014

No Comments

Leave a comment
Comment Information
  • Super Layers
  • AV | Martindale-Hubbell lawyer ratings
  • Marquis Who's Who
  • American Bar Association | Defending Liberty Pursuing Justice
  • Phi Alpha Delta Law Fraternity International
  • G
Email Us For A Response

Contact Us For The Answers You Need Attorney Philip A. Greenberg represents clients in New York and New Jersey. To schedule a consultation with Mr. Greenberg, call 646-363-6807 or contact him by e-mail.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Philip A. Greenberg, P.C., Attorneys at Law
10 Park Avenue
Suite 2A
New York, NY 10016

Phone: 646-363-6807
Fax: 212-279-0466
Map & Directions

Philip A. Greenberg, P.C., Attorneys at Law