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Postmarital Agreement Attorney in Wheaton

DuPage County Lawyers Assisting Spouses With Postnuptial Agreements

Glendale Heights Postnuptial Agreement Attorney

When a couple is united in marriage, nearly every aspect of their lives are intertwined, and this means that untangling these aspects in the event of divorce can cause a great deal of financial upheaval. While couples may seek to protect themselves from this upheaval prior to their marriage through a prenuptial agreement, they may also encounter situations in which they wish to enter into a postnuptial agreement after they are already married.

When Is a Postnuptial Agreement Needed?

Even if a premarital agreement is already in place, circumstances may arise in which one or both spouses may wish to obtain financial protection through a postmarital agreement. These situations can include:

  • If one spouse wishes to start a business or make a significant financial investment, a postnuptial agreement can protect both spouses by assigning property ownership or responsibility for debts in the case of divorce, or by protecting the family's home in the case of a business failure.
  • If one spouse receives an inheritance, they may wish to have it designated as non-marital property if the couple decides to divorce.
  • If one spouse is planning to stay at home to care for the couple's children, a postmarital agreement can ensure that they will have financial support if the marriage ends in divorce.
  • In the case of separation, a postnuptial agreement can ensure that both spouses have financial stability while they try to work on repairing their relationship.

What Can Be Included in a Postmarital Agreement?

Postmarital agreements generally focus on the allocation of assets and debts. Since any property acquired during a marriage is subject to equitable division during divorce, these agreements can specify who will retain ownership of certain property or who will be responsible for certain debts if the couple decides to end their marriage. Agreements may also protect the rights of either spouse's children to inherit certain property after that spouse dies.

Postnuptial agreements can also address matters of spousal support (also known as alimony or maintenance). To avoid conflict over this type of support during divorce, a postmarital agreement can specify the amount and duration of any spousal support should the marriage be dissolved.

Postmarital agreements cannot include issues related to the welfare of spouses' children (or any children they may have in the future), such as allocation of parental responsibility, parenting time, or child support. These matters will be decided during divorce, and the court will look to protect the children's best interests based on their circumstances at that time.

Experienced Legal Assistance for Postnuptial Agreements

With over 30 years of experience drafting, negotiating, reviewing, and litigating prenuptial and postnuptial agreements, the family law attorneys at Anderson and Associates, P.C. can help you create an agreement that will provide for your family's financial security in the case of divorce. Contact a Wheaton postnuptial agreements attorney at 630-653-9400 to schedule an initial consultation. We serve clients in Naperville, Glendale Heights, Winfield, Warrenville, and throughout DuPage County.

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