A postmarital agreement, also known as a postnuptial agreement, can serve a similar purpose to a prenuptial agreement. The primary difference is that a postmarital agreement occurs after a marriage instead of before. A married couple may be held up to a higher standard of financial fairness when it comes to writing out the postmarital agreement as compared with a couple deciding upon a premarital agreement. It’s suggested by the ABA that couples should clarify in writing their reasons for entering into a postnuptial agreement and should make certain that it’s fair to both parties.
If the postnuptial agreement seems to favor one party considerably more than the other, it could be viewed as unfair and not valid to the court. If it appears as though one of the parties was under duress (coercion or threat) at the time the postnuptial agreement was created and signed, it will not be approved.
If you and your spouse are having marital difficulties that you openly agree upon, it might be easier for you to collaboratively enter into a postmarital agreement to protect you in the event that you get divorced in the future. If your spouse feels that he or she is going to be losing out on something by signing the agreement, it’s going to be difficult to come to a resolution that you both like. It’s always best to enter into a prenuptial agreement so that you and your spouse know what the other is expecting out of the marriage, however, many people don’t do this, and then they’re left with whatever the state decides during the divorce process.