Postnuptial Agreements in California: Why You May Need One

While it may be a difficult topic to discuss with your spouse, a postnuptial agreement can be beneficial in protecting your interests in the event of a divorce or separation. Postnuptial agreements allow couples to determine how their assets, finances, and other responsibilities will be divided rather than relying on California’s default family law provisions. In addition, they can help you avoid time-consuming and expensive litigation, saving you money and allowing you to move on with your life if your marriage sours.

If you are married and are considering a postnuptial agreement, you should speak to an attorney prior to executing any documents. At San Diego Mediation & Family Law, we serve as postnuptial agreement lawyer in San Diego to help clients address their needs and goals.  Contact us today to schedule a consultation.

What Is a Postnuptial Agreement?

A postnuptial agreement, also known as a postmarital agreement, is a contract that is created after a couple gets married. Typically, a postnuptial agreement outlines how your assets, debts, and other responsibilities would be divided in the event of a divorce, separation, or the death of one spouse. Among the issues a postnuptial agreement can address include:

• Spousal support
• The allocation of marital debt
• The division of business interests
• Asset division
• Marital misconduct

Importantly, postnup cannot address issues related to child custody or child support.

What are the Benefits of a Postnup in California?

Postnuptial agreements can have significant benefits, but it’s important that any postnup you sign is tailored to the specific circumstances of your marriage. Some of the benefits that a postnup can provide include the following:

Asset Protection

One of the main benefits of a postnuptial agreement is to protect individual assets acquired during the marriage. By clearly defining the division of property and debts, the agreement can help prevent disputes and protect each spouse’s financial interests.

Financial Security

A postnuptial agreement can provide future financial security by addressing spousal support and alimony. It can outline the terms and conditions under which spousal support may be awarded or waived, ensuring that both parties are aware of their rights and responsibilities.

Clarity in Case of Divorce or Separation

Divorce or separation can be emotionally challenging and stressful. Having a postnuptial agreement in place can provide clarity and reduce conflicts by clearly outlining the division of assets, debts, and other important issues like child custody and visitation rights.

Avoiding Lengthy Court Battles

With a postnuptial agreement, couples can avoid lengthy court battles over property division and financial matters. This can save time and money and relieve the emotional distress for both parties involved.

Protecting Business Interests

If one or both spouses own a business, a postnuptial agreement can protect the business from division in case of a divorce. It can outline the ownership rights and responsibilities, as well as the distribution of profits or losses in the event of a separation.

Preserving Family Inheritance or Separate Property

A postnuptial agreement can protect an inheritance acquired during the marriage or assets acquired before the marriage that may be inadvertently commingled. By clearly specifying the division of such assets, the agreement ensures that they remain within the family and are not subject to division in case of a divorce or separation.

Who Needs a Postnuptial Agreement?

While postnuptial agreements can benefit any married couple, there are certain situations in which they may be particularly important:

• Blended Families – If you or your spouse have children from a previous relationship, a postnuptial agreement can help protect the inheritance rights of those children. It can outline how certain assets will be distributed to ensure that children from both spouses’ previous marriages are provided for.
• Change in Financial Circumstances – If there has been a significant change in your or your spouse’s financial situation, such as inheriting a large sum of money or starting a successful business, a postnuptial agreement can ensure that these assets are protected and fairly distributed in the event of a divorce.
• Purchase of Real Estate or Valuable Assets – If you and your spouse have recently purchased real estate, valuable assets, or investments, a postnuptial agreement can establish ownership rights and prevent disputes over these assets in case of a separation.
• Unequal Financial Contributions – If one spouse has contributed significantly more to the marriage financially, a postnuptial agreement can ensure that their contributions are recognized and protected in case of a divorce or separation.
• Change in Career or Education – If one spouse has put their career on hold or made significant sacrifices to support the other spouse’s education or career, a postnuptial agreement can address the financial implications of these sacrifices and provide protection in case of a divorce.

Do You Need a Postnup Lawyer for a Postnuptial Agreement?

You should always consult with an attorney when drafting or executing a postnuptial agreement. Without the assistance of an attorney, your agreement may not accurately reflect your wishes. In fact, it could even be unenforceable, leaving you at square one if your marriage ends in divorce. A lawyer can provide valuable guidance, ensure that the agreement meets all legal requirements, and protect your rights and interests.

A family law attorney with experience in postnuptial agreements will have the knowledge and skill to draft an agreement that addresses all necessary issues that are relevant to your life. They can also help negotiate the terms of the agreement and ensure that it is fair and equitable for both parties.

Contact a San Diego Postnuptial Agreement Lawyer Today

If you missed your window to execute a prenuptial agreement, it’s not too late. Ensure a secure future with a postnup tailored to your needs. At San Diego Divorce Mediation & Family Law, our talented, diligent legal team will provide you with the guidance and support you need to protect your rights and interests. To speak to a San Diego postnuptial agreement lawyer today, contact our office to set up a consultation.