Pros and Cons of a Postnuptial Agreement

 Posted on March 29, 2025 in Family Law

We tend to hear more about prenuptial agreements than postnuptial agreements, but they are both legal, binding contracts that are intended to protect the financial interests of both spouses in the event of a divorce, separation, or death. Both agreements can help set expectations as well as prevent disputes regarding assets between spouses. A postnuptial agreement can cover how marital assets will be divided, whether ongoing financial support will be given to one spouse from the other, which debts each spouse will be responsible for, and other similar issues.

Postnuptial agreements have gained traction in recent years, largely because they are often more practical than prenuptial agreements, which are typically entered into in the early stages of a relationship when both parties are still starry-eyed in love. A prenuptial agreement, if not updated frequently, may not fully cover the changes that have occurred in a couple’s lives, careers, and financial assets and obligations. A postnuptial agreement is usually entered into months or even years after a couple marries.

A prenuptial agreement is somewhat theoretical as it can only address the current financial situation of each party and their assumptions of what their future financial situation will be. A postnuptial agreement typically reflects a more realistic view of the couple’s current financial situation and a better understanding of where it might be in five, ten, or twenty years. If you are interested in having a prenuptial agreement drawn up, be sure to choose an experienced Kendall County, IL family law attorney.   

What Are the Benefits of a Postnuptial Agreement?

A postnuptial agreement may be more closely scrutinized by courts than a prenuptial agreement, under the theory that after marriage, one spouse may be in a weaker bargaining position. Yet when correctly prepared, there are many benefits to a postnuptial agreement, including:

• Spouses with children from prior marriages can protect their children’s interests through a postnuptial agreement. This is especially effective when there are family heirlooms or family businesses that one spouse wants to ensure goes to his or her children.
• A couple has had more time to get a comprehensive understanding of the marital finances with a postnuptial agreement. By the time a postnuptial agreement is signed, both parties will likely have a clear view of the other’s attitudes about spending.
• Couples who implement a postnuptial agreement are usually more mature than young couples who sign a prenuptial agreement.
•  Postnuptial agreements are written with a better understanding of how marital income and assets have grown during the marriage, and couples are more likely to factor in inheritances, investments, and starting or growing a business.

What Are the Negative Aspects of a Postnuptial Agreement?

Perhaps one of the biggest "cons" of a postnuptial agreement is that one spouse may feel betrayed or have his or her feelings hurt because the issue was not brought up prior to the marriage. If both spouses are not firmly on the same page regarding a postnuptial agreement, the process can lead to resentment – or even divorce.

After marriage, one spouse may be the primary breadwinner, making the bargaining process unequal. This could adversely affect the rights of one spouse or lead to coercive behaviors by a spouse. If a judge feels that a postnuptial agreement is not entirely fair to one spouse, the agreement may be nullified.  

Contact a DuPage County, IL Family Law Attorney

Postnuptial agreements have the potential to become adversarial. Since the goal is to ensure that the financial interests of both parties are fully protected, it is beneficial to have an experienced Lisle, IL family law attorney from SpyratosDavis LLC by your side. We are highly focused on developing effective strategies that help our clients achieve their goals and needs in family law situations. Call 630-810-8881 to schedule a meeting with a skilled family law attorney.