Skip to Content

Postnuptial Agreements Become More Popular in Marriages


Family lawyers have been familiar with pre-nuptial agreements, which are made before weddings, for many years. However, they have also seen an increase in postnuptial agreements in recent years.

Fox News reported on a growing trend of postnuptial agreement with some couples securing their future post-wedding day.

However the channel reported on skepticism from one recently married South Carolina couple.

"I think it's a set up for failure," said Bobbi Gregory. "The only people I know who have ever discussed pre-nups or post-nups are all people who have been divorced or are possibly getting divorced. That just don't have the right mindset going into a marriage."

Bobbie and Jacob Gregory met with their pastor for pre-marital counseling at which time they decided what belonged to one of them, belonged to them both.

"I told her not only are you getting married, emotionally and physically, but also financially," said Jacob in the Fox report.

It's an attitude that is becoming less common than in the past as more couples opt for postnuptial agreements, although there is no evidence drawing up such an agreement is a precursor to divorce.

A recent survey of divorce attorneys found just over half of them - 51 percent - have seen an increase in postnuptial agreements in recent years.

The poll of American Academy of Matrimonial Lawyer (AAML) members also noted an increase in wives initiating the requests for post nuptial agreements.

"Postnuptial agreements are becoming a valuable tool to avoid trouble spots from escalating into serious conflicts that can jeopardize a marriage," said Ken Altshuler, president of the American Academy of Matrimonial Lawyers. "It is interesting to note the increase in wives requesting postnups, because often one of the most common motivators for these agreements is a dramatic change in the financial status of one or both partners during the marriage."

The flexibility of postnuptial agreements make them attractive to some couples. They can be signed at any point during a marriage.

A number of celebrities have signed postnuptial agreements including Donald Trump who entered into a number with his former wife Ivana. Reality star and Skinny Girl drink creator Bethenny Frankel signed one after her company because successful.

Supermodel Heidi Klum had accumulated a fortune worth an estimated $70 million. Speculation at the time of her split with husband Seal in 2012, indicated a post-nuptial agreement had restricted the amount the singer would receive.

Not all post-ups are set up for financial reasons. Some have terms written them limiting factors as diverse as weight loss and the way a lottery win would be dispersed. They have even been couched in terms intended to prevent an affair.

Post-nuptial agreements recognize the fact marriage is an economic partnership as well as an emotional one. Like a business relationship it confers rights and responsibilities on each of the spouses that are regulated by law.

A Columbia family lawyer can discuss the complexities of a postnuptial agreement with you and draw up the agreement. Call Masella Law at 803.748.9990.

Share To: