Couples who did not sign a prenuptial agreement before they married, or who did so and want to change it, can enter into a postnuptial agreement. These contracts are similar to premarital agreements in many ways, but can address issues the couple may not have anticipated when they married. Contact our lawyers to discuss the common conditions of postnuptial agreements in Southbury. We can draft or review an agreement tailored to address your specific situation and needs. Call an experienced postnup attorney today.
Connecticut law does not distinguish between spouses’ marital and separate property. Anything either spouse owns when they separate is potentially subject to division as marital property.
Married couples can use a postnuptial agreement to segregate certain property from division, assuming both spouses receive some form of consideration for the arrangement. If one spouse owns a business or receives an inheritance, they may designate it as separate property as long as the other spouse gets something in return.
When a spouse designates certain property as separate, they must maintain it as such and not comingle the property. For example, a spouse may not combine funds they inherited with money in the couple’s joint account. A marital agreements attorney can explain the rules regarding the maintenance of separate property to ensure the provision is enforceable if the couple later divorces.
As a general rule, the debt of one spouse is attributable to both spouses. Couples sometimes create postnuptial agreements to protect one spouse from the other’s debts and liabilities.
When one spouse is a partner in a business or professional practice, they could be personally liable for the business’s debts. A well-structured and carefully drafted postnuptial agreement can limit the other spouse’s exposure.
These agreements can also protect the innocent spouse if one has accrued unreasonable debts. Couples using a postnuptial agreement to shield one spouse from liability or debt should candidly review their situation with a Southbury lawyer. A skilled legal professional can draft a provision that is as protective as possible.
Couples with children can use postnuptial agreements to establish their children’s rights to their property. These provisions are standard when one or both spouses have children from other relationships.
The spouses can decide that particular property will be distributed to a child or children if a spouse dies or the couple separates or divorces. The couple can also create a provision allocating certain funds for a child’s education or any other purpose benefiting the child.
Southbury couples also use postnuptial agreements to ensure that a vulnerable loved one will be protected if a spouse dies or becomes incapacitated. For example, couples who take in one of the spouse’s aged parents or a disabled sibling may create a provision in a postnuptial agreement obligating the other spouse to continue to support the vulnerable loved one.
Postnuptial agreements can be even more powerful than prenuptial agreements. Couples can design a postnuptial contract to specifically address particular issues of concern to them.
There are several common conditions of postnuptial agreements in Southbury, but your contract does not need to be limited to those. Reach out today to discuss your needs in a postnuptial agreement with a seasoned family attorney.
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