You may already be married, a year has passed since the honeymoon, and only now do you realize that your spouse has a bit of a bad spending habit. Nothing to get divorced over, but it is a cause for concern and makes you wonder if you should have had a prenup drafted and signed. But is it too late?
The post-nuptial agreement exists as a remedy to this type of situation, although the exact nuances vary from state to state. Postnups can potentially address the same issues that would be addressed in a prenup, including: (1) which spouse retains certain property, when it comes time to divide properties; (2) which spouse will pay alimony, including how much, and for the duration of time; (3) which spouse is responsible for marital debts incurred, such as mortgages or credit cards, and; (4) how the assets and property will be divided if one spouse were to pass away during the marriage.
There are some universal exclusions, just as there are in prenups. For example, in neither of those can a parent waive or agree to not require child support in the event of separation or divorce.
Before signing a postnup, have your attorney review it to ensure you are not being kept from anything you have a legitimate claim to, and that you are not signing away everything in the event of a divorce. The wording can be very tricky, and an experienced lawyer can spot the phrasings that are often utilized and could be the difference between getting something as opposed to nothing at all if the marriage were to end.