A post-nuptial agreement is like a pre-nuptial agreement, but this particular document is enacted after you are already married. Just like a pre-nuptial agreement, an agreement after you are married can deal with critical issues like insurance benefits, spousal support and dividing property. Read on to learn more about how this can help you.

Why Now?

Sometimes, a couple doesn’t consider an agreement until after they are already married. Perhaps they just didn’t understand the potential benefits of a pre-nuptial agreement or perhaps they realize there are issues that need clarified post-marriage. In either case, it may be in your best interests to evaluate a post-nuptial agreement. In order for this document to be meaningful for your relationship, you should cautiously consider what goes inside it as well as some of the common pitfalls that can cause a document like this to be ruled invalid. Being informed in the process is the best way to avoid challenges down the road.

Enforceable Post-Nuptial Agreements

In order for a post-nuptial agreement in Arizona to be valid it needs to be enforceable in writing and signed by both spouses, just like a pre-nuptial agreement. There are many different reasons why a couple may consider a post-nuptial agreement. Here are some of the most common:

  • If you and your spouse purchase a home with separate funds that were yours before the marriage, a post-nuptial agreement can provide guidance for that property being considered separate property instead of a joint married asset.
  • If your spouse enters into a business with partners, it may be beneficial to use a post-nuptial agreement so that a spouse cannot make a claim on the business during divorce or due to the spouse’s death. If you are involved in a business it could be beneficial to use this as well. If you decide to leave your career and stay home to focus on raising the children, a post-nuptial agreement can give you some financial peace of mind by providing for spousal maintenance upon divorce so that you don’t feel like you are at a financial disadvantage if you were to get divorced.
  • One of the most common fights between couples is about money, so outlining the future of particular assets and funds in a post-nuptial agreement can provide a clarity and limit the amount of fights you have over this issue.
  • Finally, if you marry someone who already has children and you do not have a pre-nuptial agreement, a post-nuptial agreement can take care of issues such as what the spouse is entitled to inherit, and other complicated estate planning issues.

Make sure to consult with your Arizona family lawyer to determine if a post-nuptial agreement is appropriate for your situation. There are many couples in Arizona who may benefit from outlining a post-nuptial agreement. If you have more questions, contact a family lawyer today to talk through your options.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Would My Marriage Benefit from a Post Nuptial Agreement?, or other family law issues, please feel free to contact Barry C. Dickerson at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools, and municipalities in Mesa and the Phoenix/East Valley.