New York Postnuptial Agreements: Should You Get One?

A postnuptial agreement is an agreement that you sign during your marriage. It sets out new terms for how the marital relationship will work. A postnuptial agreement also talks about the rights and obligations of each spouse during the new phase of their marriage under this agreement. 

Many couples come to me fearing that asking their spouse to sign a postnuptial agreement will create distrust in their marriage. But a postnuptial agreement can provide security in your marriage and ensure that you have a plan for the future. 

Why should you get a postnuptial agreement?

A postnuptial agreement is not an agreement that you sign because you’re planning to divorce. It’s an agreement that you sign because you’re planning to stay together. 

Many individuals come to me for a postnuptial agreement because they still love their spouse and don’t want to end their marriage. Perhaps they have started thinking about their future and what that might entail. Sometimes, there has been a betrayal in their marriage and they don’t trust their spouse with their marital finances or relationship anymore. 

Whatever your reason, a postnuptial agreement can provide a better sense of trust and security in your marriage. 

Benefits of a postnuptial agreement

Signing a postnuptial agreement after you get married can offer several other benefits. In my experience, couples have seen benefits such as:

• More transparency after a betrayal, such as cheating or secret gambling
• Better communication among the spouses
• A chance to heal the relationship and work on the marriage
• Feelings of security 
• Negotiations for treatment and therapy, if needed

In essence, a postnuptial agreement opens the lines of communication between you and your spouse. It can also bring some foundation to an otherwise shaky marriage, allowing you and your spouse to work things through without separating.