Why You May Want a Postnup
Even after you've said "I do," you can draw up an agreement to protect your assets.

You may be familiar with prenuptial agreements, which couples can sign before marriage to detail how they would handle their property and assets in a divorce. But if you're already married, it's not too late to outline a similar contract — or to amend a prenup you have in place — with a postnuptial agreement. You can create a postnup anytime during your marriage, even many years after you wed.
Drawing up a postnuptial agreement may be a good idea if there is a shift in the dynamics of your marriage, such as infidelity or a significant change in income, says Steven Goldfeder, partner and co-chair of matrimonial and family law at Blank Rome LLP in New York City. For example, if you or your spouse receives a big inheritance, a postnup can delineate how the assets would be divided in a divorce.
Similarly, if one spouse takes on a lot of debt, a postnup can determine who is responsible for the liability. If you open a business with a person other than your spouse, a postnup can ensure that the business will be treated as separate from your marital property if you get divorced. So if you have to pay spousal support, for instance, it won't impact the business or the co-owner, Goldfeder says.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
If you or your spouse stops working, a postnup can ensure that the stay-at-home spouse will have income following a divorce. However, you can't use a postnuptial agreement to establish rules for child support. Courts have ruled that child support must be dealt with in family court as part of the divorce agreement.
A postnup may also affect how you divide your estate after one of you dies. For example, if you or your spouse has children from a previous marriage in addition to having children together, a postnup may determine how assets are distributed among those heirs.
Because a postnup can be enforced as a contract between you and your spouse, it supersedes the terms of a will and protects assets that you may not want your spouse to inherit that he or she would otherwise have a legal right to claim, Goldfeder says.
Most postnups contain a choice-of-law provision that designates which state's laws apply if, say, you create the postnup in one state and then move to another, says Jill Spielberg, partner-in-charge of matrimonial and family law at Abrams Fensterman LLP in White Plains, N.Y.
For example, if you draw up a postnup in New York, move to California and eventually divorce, you could have assets distributed equitably based on your income and your spouse’s income, following the law in New York, instead of the 50-50 division of assets that California requires, Goldfeder says.
The cost of a postnup
The cost of creating a postnup varies depending on the amount of assets involved and the complexity of the agreement. Family-law attorney fees often range from $400 to $600 an hour, says Goldfeder. But you may pay higher rates if you have multiple assets, such as several homes, major investments or business ownerships.
If your finances are straightforward, you may be able to create a postnup using a site such as LawDepot.com or RocketLawyer.com. Both sites let you compose postnup documents for free with a one-week trial (after the trial period ends, LawDepot charges $35 a month, and RocketLawyer charges $40 monthly).
Note: This item first appeared in Kiplinger Personal Finance Magazine, a monthly, trustworthy source of advice and guidance. Subscribe to help you make more money and keep more of the money you make here.
Related Content
Get Kiplinger Today newsletter — free
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

Ella Vincent is a personal finance writer who has written about credit, retirement, and employment issues. She has previously written for Motley Fool and Yahoo Finance. She enjoys going to concerts in her native Chicago and watching basketball.
-
Watch Out for Annuity Surrender Charges: How to Avoid Them
Pulling money out of an annuity early can be a costly proposition. Here's how surrender charges work and one potential way around them — an annuity "ladder."
-
Chime IPO: Should You Buy CHYM Stock?
The Chime IPO is expected to be one of the biggest new issues of the year, with the mobile banking platform expected to start trading in early June.
-
How the One Big Beautiful Bill Act Could Reshape 529 Plans
Trump's budget-reconciliation package could change 529 plan rules as early as this summer. What does that mean for you?
-
Jet Set on a Budget: Expert Advice for Summer Travel
These cost-saving strategies, supplied by a financial adviser, are essential for enjoying summer travel without financial stress or debt.
-
My First $1 Million: Retirement Coach, 69, Sammamish, Wash.
Ever wonder how someone who's made a million dollars or more did it? Kiplinger's My First $1 Million series uncovers the answers.
-
5 Father's Day Gift Ideas That Also Make Good Long-Term Investments
Ties are tired. Try these growth-potential gifts instead.
-
CVS Is Closing More Stores in 2025: What It Means for You
As CVS Health continues its restructuring plan, additional store closures raise questions about access to pharmacy services and the future of retail healthcare.
-
The United and JetBlue Partnership: Everything We Know About Blue Sky So Far
Blue Sky, the United and JetBlue partnership just announced, will give frequent fliers more ways to earn and use miles. Here's what you need to know.
-
8 Changes to HSAs in the One Big Beautiful Bill Add up for Retirement Savers
HSAs are getting a glow-up in the pending tax bill. Those 55+ and workers enrolled in Medicare Part A will have more opportunity to save for medical costs in retirement.
-
Farewell to the Penny: US Treasury Ends Production of One Cent Coin
After more than 200 years, the U.S. bids adieu to the penny, citing high production costs and shifting economic practices.