Yes. It’s called a postnuptial agreement, or postnup, and it works the same way a prenup does, just signed after the wedding instead of before it. Here’s what it is, how it’s different from a prenup, and when couples actually get one.
Key Takeaways
- Yes, you can get the equivalent of a prenup after you’re already married. It’s called a postnuptial agreement, or postnup, and it carries the same legal weight as a prenup.
- The only real difference between a prenup and a postnup is timing. Before the wedding, both partners hold equal bargaining power. After, that balance can shift.
- Couples get a postnup for a range of reasons, from a prenup that didn’t get finished before the wedding to a fresh financial start after a breach of trust or a specific asset that’s become a source of ongoing friction.
- Postnups are legal in most states, though the specifics vary, so a licensed attorney needs to confirm what applies in yours.
- A postnup isn’t just a “just in case” document. It can reset how a married couple handles money day to day, not only what happens if the marriage ends.
Can You Get a Prenup After You’re Already Married?
Yes. If the wedding has already happened, you cannot sign a prenup, because a prenup is defined by being signed before the marriage. What you can sign is a postnuptial agreement, and it accomplishes essentially the same thing.
A postnup defines what belongs to each spouse, what belongs to both, and what happens to those assets if the marriage ends, exactly like a prenup does. Legally, the two documents carry equal power. Nothing about signing after the wedding weakens the agreement, as long as it is drafted, disclosed, and signed correctly.
What’s the Difference Between a Prenup and a Postnup?
Timing, and what timing does to bargaining power. Before a couple is legally married, both partners hold the same leverage: the choice to say “I do” or not. Once the wedding happens, that leverage is gone, which is part of why prenups are generally the better option when there’s still time to get one signed.
That does not make a postnup a lesser substitute. It makes it a different tool for a situation where a prenup is no longer possible, whether because the wedding already happened or because the couple simply did not get to it in time. For the full breakdown of when a postnup makes sense and how the process works, our main postnup page covers it in depth.
When Do Couples Actually Get a Postnup?
There’s no single reason. Some couples intended to sign a prenup but ran out of time before the wedding, and the same document simply gets finalized afterward instead. Others sign a postnup years into a marriage, often because their financial picture changed significantly, a business got started, a windfall arrived, or because one specific asset, like a house one spouse owned going in, has quietly become a recurring source of tension that both people want settled in writing.
A postnup can also be part of rebuilding trust after a difficult period in a marriage, giving both people a clear, agreed-upon financial structure to move forward with rather than an unresolved question hanging over the relationship.
Is a Postnup Legally Enforceable?
In most states, yes, when it is properly drafted, fully disclosed, and signed without pressure, the same standard that makes any prenup enforceable in court. Enforceability rules do vary by state, and a small number of states scrutinize postnups more closely than prenups, so this is a question a licensed attorney needs to confirm for your specific situation before signing anything.
Thinking about a prenup?
Talk to an attorney before you decide. A 30-minute consultation is $150 — credited toward your agreement if you move forward.
Schedule a Consultation →How Much Does a Postnup Cost?
A postnup at Prenups.com starts at a flat $4,500 for the Standard tier, or $6,500 for the Negotiated tier if the process involves active back-and-forth with the other spouse’s attorney. Either way, it is a fixed fee agreed to upfront, not an hourly bill that grows as the process takes longer. The full breakdown of what each tier includes is on the flat-fee pricing page.
Getting Started
If a prenup is still an option because the wedding hasn’t happened yet, that is generally the better path, simply because of the timing and leverage difference described above. But if the wedding has already happened, or is happening too soon to finish a prenup properly, a postnup accomplishes the same goal without the deadline pressure. You can schedule a consultation with a licensed attorney to talk through which one actually fits your situation.
Frequently Asked Questions
Can you get a prenup after you’re already married?
No, not technically, because a prenup by definition is signed before the wedding. What you can get is a postnuptial agreement, which accomplishes the same thing and carries the same legal weight once it is signed.
What is a postnup?
A postnup, short for postnuptial agreement, is a contract signed by a married couple that defines what belongs to each spouse, what belongs to both, and how assets and debts would be handled if the marriage ends.
Is a postnup as good as a prenup?
Legally, yes, the two carry equal power. The practical difference is leverage: before the wedding, both partners have equal bargaining power, which is why a prenup is usually preferred when it’s still an option.
How much does a postnup cost?
At Prenups.com, a postnup starts at a flat $4,500 for the Standard tier, with a $6,500 Negotiated tier if the other spouse’s attorney is actively involved. Both are fixed fees agreed to before the work begins.
Do both spouses have to agree to a postnup?
Yes. Like a prenup, a postnup requires both spouses to agree to and sign the terms voluntarily, with full financial disclosure from both sides, for the agreement to hold up.
Can a postnup be signed years into a marriage?
Yes. There’s no deadline. Couples sign postnups at all different points in a marriage, often triggered by a change in finances or circumstances rather than by how long they’ve been married.
