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Strengthen your marriage with a postnuptial agreement

On Behalf of | Jan 19, 2021 | Divorce, Property Division

When couples first wed, often they are too naïve and dewy-eyed to realize the potential strife and struggles that lie ahead in an average marriage. When these problems later arise, they can spell the end of the marriage.

When a couple has a prenuptial agreement in place, it clarifies the terms of an eventual split and allows both parties to understand the other’s position should they divorce. Marriages without prenups like that clarity, however, which can lead to vicious disputes over the marital assets and other issues.

Define your marriage on your own terms with a postnup

Since Massachusetts is not a community property state where all marital assets are divided 50/50, the courts rely on equitable distribution or fair but not necessarily equal division. But suppose your spouse stepped out of the marriage and had an affair.

In order to stay together, you may want to both sign a postnuptial agreement stating that if you divorce due to future infidelity, the cheated-upon spouse can receive a larger portion of the assets. Will that keep an errant spouse from cheating? It could, and at the least, that spouse would know and understand what they were risking.

Postnuptial agreements aren’t glue — they’re blueprints

Don’t be misled into thinking that a signed postnup will magically bind your spouse to you and the marriage. Only love has that kind of power. 

Instead, view it as the blueprint for what will follow if certain events do or do not occur. This can give you both a welcome sense of peace of mind because it eliminates the guesswork of how your divorce settlement will unfold. Learning more about your rights under a prenup is a good place to start.