Already Married? Here's Why You Might Consider a Postnup

Last week, we discussed prenuptial agreements. What if you elected not to investigate whether you needed a prenup, and you are now married? Is it too late? Not necessarily.

While most people usually consider a prenup to be the only marital agreement, there is an option after you’ve already said “I do." A postnuptial agreement might be a good option to help your unique situation. In Florida, a postnuptial agreement (or “postnup”) is a legally binding contract created by a married couple to outline how assets, debts, and financial matters would be handled if the marriage ends in divorce or death.

Unlike prenups, postnups are signed after the marriage begins, but they carry similar weight under Florida law, provided they meet all legal requirements.

Why Consider a Postnuptial Agreement?

Couples choose postnups for many reasons, including:

• Second marriages and blended families. A postnup can help ensure that children from a first marriage are financially protected, while also providing for a current spouse.

• Significant changes in finances. If one spouse receives an inheritance, starts a business, or experiences a major career change, a postnup can clarify ownership and avoid disputes later.

• Protecting family businesses. Business owners often use postnups to safeguard the continuity of their company and prevent future conflicts if a divorce occurs.

• Estate planning and inheritance clarity. Postnups can be paired with estate planning tools to make sure assets pass to the right beneficiaries without unnecessary litigation.

• Reducing marital conflict. Sometimes, couples elect not to get divorced for a variety of financial or personal reasons. Entering into a post-nup can manage financial expectations and helps couples avoid misunderstandings moving forward.

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What Florida Law Requires

For a postnuptial agreement to be valid in Florida, it must:

• Be in writing and signed voluntarily by both spouses.

• Include full and fair financial disclosure from both parties.

• Be free from fraud, coercion, or duress.

• Contain terms that are fair and not unconscionable at the time of signing.

  
  

Because postnups affect important rights and future obligations, Florida courts carefully review them to ensure fairness. That’s why it’s important to work with an experienced family law attorney who can make sure your agreement is properly drafted and enforceable.

Is a Postnup Right for You?

A postnup, like a prenup, isn’t about mistrust; it’s about clarity, protection, and peace of mind. It gives couples the ability to set expectations and protect the people and assets that matter most.

At The Law Office of Kristen Bishop Ames, PLLC, we help families navigate these sensitive decisions with clarity and compassion. Whether you’re protecting children from a prior marriage, safeguarding a business, or simply seeking peace of mind, we can guide you through the process.

Thinking about a postnup? Let’s talk about whether one makes sense for your situation. Contact us today to schedule a consultation.

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