Creating a Clear Financial Plan for Your Marriage
Financial circumstances can change significantly over the course of a marriage. You may start or grow a business, receive an inheritance, acquire property, change careers, or simply decide that you and your spouse want greater clarity about your finances.
A post-marital agreement allows you and your spouse to address financial and property issues while you are married and create agreements that reflect your current circumstances and plans for the future.
For some couples, the process is about protecting particular assets. For others, it is about creating greater certainty and making intentional decisions about how finances will be handled during the marriage and in the event the marriage ends.
What Is a Post-Marital Agreement?
A post-marital agreement, sometimes called a postnuptial agreement, is a written agreement between spouses entered into after marriage. It can define or change certain rights and obligations relating to property, income, debts, and other financial matters.
Like a premarital agreement, a post-marital agreement can address what will happen to property and finances if the marriage ends. Unlike a premarital agreement, however, it is negotiated between people who are already married and owe legal duties to one another. For that reason, California post-marital agreements require careful consideration of the terms, the circumstances surrounding the agreement, financial disclosure, and each spouse's rights and obligations.
Why Consider a Post-Marital Agreement?
There is no single reason couples decide to enter into a post-marital agreement. You may have circumstances that were not anticipated when you married. One spouse may have started a business or received an inheritance. You may be purchasing property together or changing the way you manage your finances. Or you may simply want greater clarity about what is separate property, what is community property, and how certain financial matters will be handled going forward.
A post-marital agreement gives you an opportunity to address those issues now rather than leaving them uncertain.
What Can a Post-Marital Agreement Address?
Depending on your circumstances, a post-marital agreement can address matters such as:
Separate and marital property
Existing and future debts
Business interests
Income and financial responsibilities
Property acquired during the marriage
Certain rights and obligations related to spousal support
Estate planning considerations
Financial rights if the marriage ends
The terms of each agreement are different because the financial circumstances and priorities of each couple are different.
Creating an Agreement That Reflects Your Goals
A well-drafted post-marital agreement begins with understanding what you and your spouse are trying to accomplish. Jenna works with clients to identify the financial and legal issues that matter, understand how California law would otherwise apply, and consider how the proposed agreement may affect them both now and in the future.
Because spouses are already married when a post-marital agreement is negotiated, these agreements require particular care. Full financial disclosure, fairness in the negotiation process, and independent legal advice are important considerations in creating an agreement that is both thoughtful and legally sound.
The goal is not simply to prepare a document. It is to create an agreement that you understand, that reflects your intentions, and that has been approached with the care appropriate for an agreement between spouses.
Legal Guidance for Your Post-Marital Agreement
Jenna Williams is a California family law attorney, mediator, and collaboratively trained divorce attorney. Her experience with both marital agreements and divorce gives her insight into how financial agreements operate not only when they are signed, but also how their terms may affect spouses years later if circumstances change or the marriage ends.
Jenna works with clients to understand their rights, evaluate proposed terms, and create agreements tailored to their particular financial circumstances and goals.
Call Jenna Williams at 310-776-5519 or schedule a consultation online to discuss your post-marital agreement.
Frequently Asked Questions About Post-Marital Agreements
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A post-marital agreement is a written agreement entered into between spouses after they are already married. It can address property, income, debts, and other financial rights and obligations during the marriage and in the event of divorce.
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The primary difference is timing. A premarital agreement is entered into before marriage, while a post-marital agreement is entered into after the spouses are already married.
That distinction is legally important. Once married, spouses have fiduciary duties to one another under California law. As a result, different legal considerations apply when spouses enter into or modify financial agreements during marriage.
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Couples consider post-marital agreements for many different reasons. There may have been a significant change in finances, a new business or investment, an inheritance, the purchase of property, or a change in how the spouses want to manage their finances.
Sometimes there has not been one particular event. The spouses simply want greater certainty about their financial arrangements and what would happen if the marriage ended.
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Because a post-marital agreement can significantly affect each spouse’s legal and financial rights, independent legal advice is crucial. Having separate attorneys gives each spouse the opportunity to understand the agreement and how its terms affect their individual rights and interests.
