If you got married in a rush and you didn’t take the time to consider a prenuptial agreement, you can still protect your finances with a postnuptial agreement, if your spouse is willing to comply. You are at risk because you didn’t have the document constructed before you wed, but if your spouse is still willing to sign a protective agreement you want to start working with your lawyer right away.
There are some important financial areas and items you want to make sure your lawyer protects in the agreement, to protect you if you decide you need to leave your marriage.
Retirement and 401k Accounts and Pension Plans
If you have been diligently saving money since you’ve started working for the day that you may retire, you don’t want to lose half of it more in a divorce. You can have any money that you have already put into these accounts before the marriage is protected, and you may want to protect future contributions as well. You at least want your lawyer to protect the amounts that were in there before you walked down the aisle.
Wages and Spousal Support
Use a post marital agreement to state everything that you earn while you’re in the marriage stays with you if the two of you divorce. You can do this so don’t have to worry about paying your spouse money in a lump sum if you split, and you can also put that you won’t pay any type of spousal support. You could get stuck paying alimony if you don’t have it in the agreement, even if you the two of you don’t have any children.
Do you already own a car, or your vehicle? Do you have a vacation property, a valuable jewelry collection or recreational vehicles? Your spouse could get these in a divorce, or you could have to sell them and split the profit if you don’t have any legal document stating otherwise. Include family heirlooms or even pets that are important to you.
It may be difficult to get your spouse to sign a post marital agreement after you have already said your nuptials, but if it’s important to you it’s best to talk with a lawyer to see what can be done. Your lawyer, such as Abom & Kutulakis LLP, can meet with the two of you to talk about the different options that are available, and to determine what is fair.