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What is a Postnuptial Agreement?

What is a Postnuptial Agreement?

When you are getting married, what happens in case you separate usually isn’t on the forefront of the mind. However, there is value to creating a postnuptial agreement, even if you remain married to your partner. Eiges & Orgel, PLLC can tell you all about postnuptial agreements in New York.

Postnuptial Agreements in NYC

Postnuptial agreements are very similar to prenups. They are documents that both parties in the marriage sign that detail essential aspects such as property division in a divorce. However, there is one key difference between postnuptial and prenuptial agreements. The couple must sign the prenup before marriage. Postnuptial agreements are created and signed after marriage.

In a postnuptial agreement, you and your spouse will have more autonomy and control over your property in the event of a divorce or death. Here are potential issues that postnuptial agreements can cover:

  • Defining both separate and marital property

  • Delegating any pre-marital debts

  • Establish support for children from previous marriages

  • Describe desired child custody and support arrangements

While you can include child custody and support in your postnuptial agreement, it is essential to note that it is not definitive. Like in a prenup, the judge will review your postnuptial agreement and keep your child’s best interests in mind.

Why Get a Postnuptial Agreement

Many couples may fear that getting a postnuptial or even prenuptial agreement feels as though it is a bad omen for marriage. This is not the case. A postnuptial agreement can go a long way in creating peace within your marriage. Within the document, you can delegate specific responsibilities and belongings, so there are fewer discrepancies. Furthermore, by creating a postnuptial agreement, your assets are divided exactly how you want them. A postnuptial agreement can give both you and your spouse peace of mind.

Work With an Experienced Attorney

When navigating the postnuptial agreement process, your spouse may not necessarily want to move forward with the process. Eiges & Orgel, PLLC has attorneys in NYC that can help you and your spouse reach a compromise. We can help explain the value of a postnuptial agreement. Contact our team today at (347) 848-1850 to schedule a consultation.


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