Can You Get a Prenup After Marriage?

One common question couples often ask is: I’m interested in getting a prenup but I’m already married? Can I still do one? Yes, it’s called a postnuptial agreement, or postnup for short. In most states, it’s the exact same thing as a prenup except it is signed after the date of marriage. This means that for most jurisdictions, everything you can cover in a prenup you can cover in a postnup.

What Can a Postnup Cover?

In some states, you’re more limited in what you can include in a postnup, but for the most part, the types of things that people want to address in a prenup, they want to address in a postnup – at a minimum, which assets and debts are mine, yours, and ours, and whether one spouse would pay the other alimony or spousal support if the marriage came to an end.

Where Are Postnups Available?

As of today, you can get a postnup in 49 out of the 50 states, everywhere except Iowa.

Why Do Couples Seek a Postnup?

Many people realize during their marriage that the default prenup – meaning their state’s laws – basically don’t allow married couples to classify their assets and debts as mine, yours, and ours. There’s only “ours,” and there are many legitimate reasons why you might want that separation. Many couples live with some level of separation between their finances.

Formalizing Separate Financial Goals

Maybe one spouse saves heavily for retirement and the other spouse puts all of their money into trying to build a business – and they want to formalize that one spouse’s retirement belongs to that spouse and the other spouse’s business belongs to them.

Preparing for Potential Future Challenges

For some couples, there’s been a crisis in the relationship, and they recognize that divorce is a possibility in the future – they want to determine what would happen while they get along well enough to have that negotiation, and they don’t want to leave this decision to a later date when it could involve lawyers and get very expensive.

Addressing Changes in Financial Circumstances

Some couples may have a situation where something has changed, and they want to document their desires. For example:

• One spouse received an inheritance, and they want to pay off the mortgage on the marital home – but they want to document that if they sell the house or get divorced, that spouse gets that money back.
• One spouse is taking out loans for school or to start a business, and they want to shield their spouse from that debt.

Missed the Prenup Deadline or Want Your Own Rules?

For other couples, they meant to get a prenup and just didn’t get it done before the wedding date. Others simply want to opt out of their state’s laws and define their financial relationship with your spouse on your own.