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Worried about the health of your marriage, or just want to make some precautions in case things turn southward years from now? You may want to consider a postnuptial agreement to preemptively protect your best interests during a divorce. From high net worth marriages to single-income families, postnuptial agreements are gaining in popularity across the country.
If you live in New York, Hedayati Law Group, P.C. and our Long Island family lawyers can explain to you the benefits of a postnuptial agreement. Call (631) 880-6440 to learn more.
What Can a Postnuptial Do?
Since a postnuptial agreement must be created after a marriage becomes official, it is sometimes seen as a gesture of bad will or faith. In reality, a postnuptial can often be the legal representation of just how much someone cares about their spouse. By planning ahead for a “just in case” scenario where divorce seems likely, a postnuptial can work wonders by eliminating frustrations, stress, and delays. In other words, it says that, even in divorce, a spouse does not want their other half to deal with unnecessary complications.
A postnuptial agreement can generally control two things in a divorce, if it ever occurs:
- Asset division: New York uses equitable distribution, or dividing property based on what seems fair to the court, not necessary a 50-50 split. If there are pieces of marital property that you think should go to you uncontested, or to your spouse without a fight, you can set them aside in a postnuptial agreement, as you would in a prenuptial. The same can be said of debt division, allowing you to shake responsibility of debt your spouse may have accrued on their personal credit card.
- Spousal support: A huge source of contention in any divorce is alimony payments, or deciding how much money should be awarded to the spouse that brought in the least income each month, paid by the primary breadwinner. Coming up with a fair plan ahead of time can easily extinguish heater arguments before they even have a chance of arising.
What Can a Postnuptial Not Do?
Divorce courts are always concerned primarily with the best interests of children whose parents are ending their marriage. In order to make certain that children are being treated properly and have the best chance to remain happy, the court must review divorces on a case-by-case basis and with information that is as up-to-date as possible. Postnuptial agreements cannot control child custody, child support, child visitation, and anything else pertaining to the wellbeing of your children, as this would assumedly not be current.