What is a Postnuptial Agreement and Do I Need One?

Posted by Manuel A. Segarra IIIApr 08, 20150 Comments

Much like the more common prenuptial agreement (also known as a “pre-nup”), a postnuptial agreement is drafted to protect the assets of one of the individuals in a marital union. The main distinguishing feature is that a postnuptial agreement is drawn up after you are already married. Postnuptial agreements are common if one spouse is going to receive an inheritance or to protect existing assets in the event of divorce or separation.

Florida law recognizes the ability to enter into postnuptial agreements, and you can make a contract pertaining to one or more of the following:

  • The rights and obligations of either party regarding property acquired by either or both parties, whenever or wherever, including the right to buy, sell, use, assign, and much more
  • To establish, modify or even eliminate provisions regarding alimony
  • Regarding disposition of property upon separation, death, divorce or any other event
  • The ownership rights and disposition upon death of the benefits of a life insurance policy

Similar to prenuptial agreements, the critical test in determining the validity of a postnuptial agreement is whether there was any fraud or overreaching, and that both parties had adequate knowledge of marital property and income at the time the agreement was reached. If there is any duress, coercion or fraud that resulted in the contract, the agreement may be unenforceable. Courts will consider the relative position of the parties' situations, including age, health, education level and financial status.

At Segarra & Associates, P.A., we have extensive experience representing individuals who wish to protect their assets via postnuptial agreement. Our goal is to represent you to the best of our ability and give you a legal edge that will increase the chance of your case being resolved in your favor. Contact us today for a consultation!