Yaffa Family Law Group
By: Doreen Yaffa

What Is a Postnuptial Agreement and Is it Right for You?


Most people in Boca Raton are familiar with a “prenuptial agreement”, but many are not familiar with a “postnuptial agreement.” A Postnuptial Agreement is a written contract that two spouses enter after they are already married and committed to each other. Like a prenuptial agreement, a postnuptial agreement may outline ownership and division of assets, financial protection, etc., in the event of a divorce but are prohibited from addressing child custody and child support issues.

Florida requires all postnuptial agreements be in writing, signed by both parties, and must reflect that both parties have fully and truthfully disclosed their financials with one another before they enter into the contract. Marriage is both an emotional and financial partnership. With each generation, parties are entering into a marriage with already established financial stability and as such, postnuptial agreements are becoming increasingly popular.

You may now be asking “how do I know if a postnuptial agreement is right for me?” Depending on your circumstances, a postnuptial agreement may be beneficial for you and your spouse. The most common situations where spouses enter into a postnuptial agreement is where one spouse starts/owns a business, after an affair, or when work and income situations change. One of the leading causes of problems in a marriage is money. So, making decisions about how finances will be divided in the event of a divorce could mitigate these problems by getting a postnuptial agreement.

Maybe you have concerns about dissipation of the marital assets and acquisition of debt, you or your spouse have filed for divorce in the past, but reconciled your differences, or maybe one of you have children from a previous marriage. Postnuptial agreements help protect spouses in a variety of ways, in a variety of different scenarios. If you want to ensure that your interests are protected in the future, consider a postnuptial agreement. The team at Yaffa Family Law Group can assist you throughout the postnuptial agreement in Boca Raton and throughout the South Florida area. Contact us today to learn how we can better assist you