Reasons to Consider a Postnuptial Agreement During Your Marriage

 Posted on August 08, 2025 in Prenuptial & Postnuptial Agreements

Once you have settled into your marriage and you feel comfortable with your spouse, you may be preparing to spend the rest of your lives together. You might also have to reckon with not knowing what the future holds. Sometimes this simply means being realistic and accepting divorce as a possibility.

Signing a postnuptial agreement can help protect your interests as well as your spouse’s in case you ever get divorced. With the help of a Wheaton family law attorney, you can create a postnuptial agreement or "postnup" that can be used to secure your assets from property division. At Roberts PC, we can help you draft a strong postnuptial agreement that sets both you and your spouse at ease.

Using Marital Agreements to Safeguard New Assets and Property

Many people sign prenuptial agreements before a marriage to make sure that their separate property does not become commingled. Similarly, you may decide to sign a postnuptial agreement if you want to protect an asset that you acquired during the marriage. For instance, if you inherited a significant sum of money from a parent, you may want to create a contract stipulating that any of the money kept in a separate account remains yours, even if you choose to put some of it towards marital expenses. 

Keep in mind that postnuptial agreements are subject to approval by the courts if you do get divorced. If the agreement is egregiously unfair to your spouse, a judge could decline to enforce the agreement. 

Protecting Your Children’s Property Rights With a Postnup

While a marital agreement cannot specify anything about child custody or child support, you can still set aside property intended for your child. If you have children from a previous relationship, you can include terms about property distribution to make sure that your child still receives certain assets no matter what becomes of the marriage. Oftentimes, these agreements are used in conjunction with wills or trusts to protect a child’s inheritance rights.

Setting aside an inheritance for your child might be one of your highest priorities. At Roberts PC, we can help you create a strong marital agreement that ensures that your children are not deprived of valuable assets in the event of your divorce or death.

Separating Debts Using a Postnuptial Agreement

During your marriage, you and your spouse may take on significant debt. For example, one of you may decide to take out a large loan to start a business; the other may go back to school and take out student loans. If divorce ever comes to pass, you may find yourself responsible for your spouse’s debts and vice-versa. As a result, you may have to figure out how your shared debts will be split. A postnuptial agreement can help you reduce the risk associated with marital debt. 

Meet With a Wheaton, IL Family Law Attorney

A postnuptial agreement can provide you with much-needed peace of mind in your marriage. At Roberts PC, we have more than 40 years of experience helping couples write agreements and manage other family law issues. 

Our firm’s core values include treating our clients with honesty and respect while finding efficient solutions to their issues. We are ready to discuss your priorities in a marital agreement. Call us at 630-668-4211 to schedule a free consultation with one of our Wayne, IL postnuptial agreement lawyers.