Post-nuptial Agreements 101

Securing Your Financial Interests: The Importance of Post-nuptial Agreements

While getting married can be an exciting experience, many couples tend to lose sight of the financial ramifications of a marriage gone wrong. It is important to secure your financial interests after you get into a marriage. One of the best ways of doing this is through entering into a post-nuptial agreement after you get married.

What is a Post-nuptial Agreement?

This is a legal contract entered into after a couple gets married. The agreement lays out the criteria that will be used for dividing the couple’s assets and debts in the event of a separation or divorce. The contract details the division of property that is gained individually and together.

What Issues Are Addressed by a Post-nuptial Agreement?

Defining Separate Property

The assets and property that you own before getting married are classified as separate property. Provided you distinguish your separate property from the property you and your spouse will acquire together, the separate property is yours even after a marriage turns sour. A post-nuptial agreement outlines the separate property of spouses to prevent it from being divided equally in the event of a divorce.

Defining Marital Property

A post-nuptial agreement also identifies property you may want to be deemed as marital property. Marital property is divided equally in the event of a divorce.

Sets Down the Terms Of Maintenance

A post-nuptial agreement can lay out the terms of maintenance for you or your spouse. The issue of maintenance arises when one of you is abandoning their career to raise the children. A post-nuptial agreement will also establish the kind of support you or your spouse will pay after a divorce, or establish that a spouse is not entitled to support when they decide to divorce.

Sets Down the Terms Of Support For Children From a Prior Marriage

If you came into a marriage with minor children, a post-nuptial agreement will ensure they are provided for after a divorce. The agreement will set down the terms of support for your spouse’s stepchildren.

Sets Down the Terms of Pre-marriage Debt

If you or your spouse entered into the marriage with substantial debt, a post-nuptial agreement will indicate that the debt remains with that spouse.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

When Can The Validity Of A Post-nuptial Agreement Be Challenged?

Duress: A post-nuptial agreement should be entered into voluntarily. If a spouse is forced to agree to the contract, the agreement is not valid.

A Consciousable Agreement: For a post-nuptial agreement to be enforceable, it must be fair to both parties. A spouse can challenge the validity of an agreement that tends to be partial to the other spouse.

Non Complete Disclosure: When entering a post-nuptial agreement, both parties have to give a full disclosure of their assets. If it is later discovered that one spouse held back information about their assets or property, the agreement is deemed to be invalid.

A Written Agreement: A post-nuptial agreement has too much at stake to be regarded as a gentleman’s agreement. The validity of a post-nuptial agreement can be challenged if it is not in writing.

The Take Away

Many couples enter into a marriage believing in the forever after depicted in fictional stories. Unfortunately, most marriages do not last that long and when they end, the couples involved engage in a bitter and costly contest for assets, property, support, and other avoidable issues. To secure your financial interests and that of your children, you should enter into a post-nuptial agreement. For assistance with the intricacies and legalities of post-nuptial contracts, consult a New York Post-nuptial Attorney.