A postnuptial agreement, sometimes called a post-marital agreement or mid-marriage agreement, is a contract between spouses that is executed during the marriage.
Like a prenuptial agreement, it can address property characterization, division of assets, and spousal support in the event of divorce.
However, because the agreement is executed after the parties are already married, courts often evaluate these agreements under a different legal framework than prenups, with heightened scrutiny placed on issues such as financial disclosure, fairness, voluntariness, and whether either spouse was placed under undue pressure when signing.
Postnuptial agreements are commonly used in situations involving significant assets, business ownership interests, inheritances, changes in financial circumstances, second marriages, marital reconciliation efforts, or concerns about protecting family wealth and future financial stability.
When properly drafted and negotiated, these agreements can help reduce uncertainty, minimize future conflict, and provide both parties with a clearer understanding of their financial rights and responsibilities moving forward.
Navigating a family law matter in South Florida? Contact Mayersohn Law Group today for a confidential consultation. Call 954-765-1900.
While Florida’s prenuptial agreement framework provides the foundation for postnuptial agreements, Florida courts apply a higher standard of scrutiny to postnups, particularly the fair and reasonable standard.
You may be dealing with:
There are many circumstances that lead couples to seek postnuptial agreements:
A business started or significantly grown during the marriage may become a major marital asset. Postnuptial provisions can clarify how the business is valued and treated in the event of divorce.
One spouse receives a substantial inheritance or gift and wants to ensure it remains separate property.
One spouse becomes significantly more financially successful than the other, creating a desire for clarity about future obligations.
A prenuptial agreement drafted decades ago may no longer reflect the couple’s circumstances or current law.
After a separation or period of serious marital difficulty, a postnuptial agreement may be part of a reconciliation that establishes new financial terms.
Couples with children from prior relationships may use postnuptial agreements alongside estate planning to establish clear expectations for how assets will be distributed.
Its provisions, particularly those affecting rights to a spouse’s estate, must be coordinated with existing wills, trusts, and beneficiary designations.
Inconsistencies between a postnuptial agreement and estate planning documents can create conflicts, ambiguities, and litigation after death.
Our attorneys work with clients and their estate planning counsel to ensure that postnuptial agreements and estate planning documents are consistent and mutually reinforcing, protecting both spouses and their intended beneficiaries.
Need a postnuptial agreement but not sure where to start? Call us at 954-765-1900 or submit a confidential inquiry and we’ll assess your case directly.
In many cases, they are created to protect businesses, preserve family wealth, address financial concerns that developed during the marriage, clarify expectations moving forward, or help spouses regain stability after periods of financial or marital strain.
Because these agreements are negotiated after the marriage already exists, they often involve highly personal dynamics alongside significant legal and financial considerations.
At Mayersohn Law Group, we understand that postnuptial agreements require a careful balance of legal precision, strategic planning, and discretion.
Courts frequently scrutinize these agreements closely, particularly when questions arise involving fairness, financial disclosure, undue influence, or unequal bargaining power between spouses. An agreement that is not properly prepared can later become vulnerable to challenge during divorce or probate proceedings.
Yes, if properly drafted and executed. Florida courts apply the fair and reasonable standard to postnuptial agreements, which means the substantive terms of the agreement must be fair to both parties, not just procedurally valid. Working with an experienced attorney is essential to drafting a postnup that will be enforced.
Yes. Spouses may amend or revoke a postnuptial agreement later if both parties agree and the changes are properly documented.
No. While high-net-worth individuals frequently use postnuptial agreements, these agreements may benefit any couple seeking greater financial clarity, asset protection, or predictability within the marriage.
Both address similar subjects, property, alimony, and asset division, but courts apply a higher standard of scrutiny to postnuptial agreements. The fair and reasonable standard requires that the agreement’s substantive terms be fair to both parties. A prenuptial agreement that would be valid may not survive challenge as a postnuptial agreement if it is one-sided.
Yes. A postnuptial agreement can address how business interests acquired or grown during the marriage are characterized, as separate or marital property, and establish valuation methods and division terms in the event of divorce. Business owners are among those who benefit most from postnuptial agreements.
Yes. A postnuptial agreement can modify or replace a prior prenuptial agreement, provided it meets the applicable enforceability requirements. Couples whose circumstances have changed significantly since marriage sometimes use postnuptial agreements to update terms that no longer reflect their situation.
