When most people think of marital agreements, they think of prenups—but what if you’re already married and your financial circumstances suddenly change? Whether it’s a large inheritance, selling a business, receiving a big promotion, or winning the lottery, a postnuptial agreement after a financial event can help protect your interests and clarify expectations moving forward.
What Is a Postnuptial Agreement?
A postnuptial agreement (or “postnup”) is a legal contract made between spouses after they are married. Similar to a prenuptial agreement, it outlines how assets, debts, and other financial matters will be handled in the event of separation, divorce, or death. Unlike a prenup, however, a postnup reflects circumstances that developed during the marriage—often spurred by a major life or financial change.
Why Consider a Postnuptial Agreement After a Financial Event?
✅ 1. Protecting Newly Acquired Assets
If you’ve come into substantial wealth or valuable assets—such as an inheritance, business sale proceeds, or a major investment—a postnup can designate those as separate property. This ensures that, in the event of a divorce, those assets aren’t subject to division.
✅ 2. Clarifying Ownership in Blended Families
If you’re in a blended family and want to ensure that certain assets go to children from a previous relationship, a postnup can make those wishes legally enforceable, while still honoring your marital relationship.
✅ 3. Establishing Financial Boundaries
Money is one of the leading causes of marital conflict. A postnup can address spending habits, debt responsibilities, and savings goals. Setting clear expectations can help reduce tension and promote financial harmony.
✅ 4. Safeguarding Business Interests
If one spouse owns or acquires a business during the marriage, a postnup can specify how that business will be valued and divided (or not) in a divorce. This can be crucial for business continuity and protecting other partners or investors.
✅ 5. Responding to Debt or Liability Changes
A postnup isn’t just for good financial news. If one spouse incurs significant debt, or you’re concerned about future liability, a postnup can shield the other spouse from being financially responsible.
When Is the Right Time to Get a Postnuptial Agreement?
You should consider a postnup as soon as possible after the financial event occurs. The longer you wait, the more complicated it can become to trace separate vs. marital property. It’s also best to address the issue when both spouses are in a cooperative mindset—before any future conflicts arise.
Are Postnuptial Agreements Enforceable in Maryland?
Yes—but they must meet certain legal requirements to be enforceable:
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The agreement must be in writing and signed by both parties.
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There must be full and fair disclosure of assets and liabilities.
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The agreement must be entered into voluntarily and without coercion.
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It must not be unconscionable or grossly unfair.
Working with an experienced family law attorney in Maryland is essential to ensure your postnup is valid and customized to your unique situation.
Postnup Example: A Real-Life Scenario
Imagine a couple where one spouse sells their startup for several million dollars five years into the marriage. A postnup can clarify how those proceeds will be handled—whether kept separate, shared, or used in a specific way (e.g., a joint home purchase, trust for children, or retirement savings).
Without a postnup, Maryland’s marital property laws could apply in the event of divorce, potentially entitling the other spouse to a significant portion of that windfall—even if they weren’t involved in the business.
Final Thoughts: Postnups Aren’t About Distrust—They’re About Clarity
Getting a postnuptial agreement after a financial event doesn’t mean you’re planning for divorce—it means you’re protecting what matters most. It allows couples to have honest conversations, manage expectations, and prevent misunderstandings that could turn into major conflicts later.
✅ Ready to Protect Your Financial Future?
At Jacobson Family Law, we help individuals and couples create fair, enforceable postnuptial agreements that reflect their current realities and future goals.
📅 Schedule a consultation today to discuss your options with an experienced Maryland family law attorney.
Contact Us | 📞 443-741-1147
