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.
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"Why You May Want a Postnup," by Ella Vincent was published in Kiplinger on June 7, 2025.