What Is a Postnuptial Agreement?

A transcript, lightly edited for readability, of a Real Life Law segment from Gardiner Koch Weisberg & Wrona, originally broadcast on 96.1 WLKG in Lake Geneva, Wisconsin.

Transcript

From time to time I’m asked whether married couples can enter into an enforceable agreement about their assets, their liabilities and sometimes their conduct during the marriage. The answer is yes.

Many people have never heard the term postnuptial agreement. They’ve heard of prenups, because movie stars get them. Postnups aren’t as common, but they’re just as enforceable. A postnup contains many of the same things as a prenup, except it’s signed after the wedding.

You’d think postnups would be more common than prenups, because marriages last a long time and change a lot, and couples might need to address problems along the way. But the vast majority of married couples in the United States don’t have one.

In a postnup you can deal with liabilities, assets and so on. But one of the bigger topics people want to address is a spouse’s conduct. What if you tie a divorce to a spouse’s conduct, some behavior that at least one partner feels isn’t appropriate in the marriage? We’ll discuss that in another segment.

This segment is general information, not legal advice for your situation. Laws change, and every case depends on its facts. To talk with an attorney, call (312) 362-0000 in Illinois or (262) 812-0864 in Wisconsin, or send us a message.

Related: Family Law · More Real Life Law segments

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