Legal Definitions - postnuptial

The term postnuptial refers to anything that is created, agreed upon, or occurs after a couple has legally married. It is used to describe agreements or events that take place during the course of an existing marriage, as opposed to before marriage (which would be "prenuptial").

Here are some examples to illustrate the concept of "postnuptial":

• Example 1: Financial Planning During Marriage
  Imagine a couple, Sarah and Mark, who have been married for fifteen years. They initially chose not to have a prenuptial agreement. However, after Mark inherited a significant family business and Sarah started a successful consulting firm, they decided they wanted to formalize how their individual business assets and future earnings would be treated in the event of a separation or divorce. They consulted with attorneys and drafted an agreement outlining these financial arrangements.

  Explanation: This agreement is postnuptial because it was created and signed *during* Sarah and Mark's existing marriage to address financial matters that arose or became more complex after they were already wed.

• Example 2: Protecting Inherited Assets
  David and Emily have been married for eight years. Emily's grandmother recently passed away and left Emily a substantial sum of money and a vacation home in her will. To ensure that these inherited assets remain Emily's separate property and are not considered marital property subject to division in a potential future divorce, David and Emily mutually agree to sign a document acknowledging this arrangement.

  Explanation: The agreement David and Emily sign is postnuptial because it is executed *after* their marriage has already begun, specifically to clarify the ownership and status of assets acquired during the marriage.

• Example 3: Amending a Prior Agreement
  Maria and Alex signed a prenuptial agreement before they got married, outlining certain financial terms. Five years into their marriage, their circumstances changed dramatically: Alex received a major promotion and significant stock options, and Maria decided to leave her career to care for their new child. They decided their original prenuptial agreement no longer reflected their current financial reality or their wishes, so they drafted a new agreement to supersede the old one.

  Explanation: The new agreement they drafted to replace or modify their original prenuptial terms is a postnuptial agreement because it was created and entered into *during* their marriage to adjust their financial arrangements.