WHAT IS THE DIFFERENCE BETWEEN A PRENUPTIAL AGREEMENT AND A POSTNUPTIAL AGREEMENT?


Prenuptial and postnuptial agreements have many similarities. However, a prenuptial agreement is entered into before the marriage takes place, and a postnuptial agreement can be entered into during the marriage In both agreement, each spouse must disclose to each other all property and money they currently own, separate property and marital property.

In the event the marriage ends in divorce or death, a valid postnuptial agreement will be recognized by the Court’s in New York. Similar to a prenuptial agreement, a postnuptial agreement is valid and enforceable so long as it protects both spouses, was entered into with full disclosure of all assets to both spouses, and is executed by both parties. Postnuptial agreements are useful to define separate property that a person inherits or brings into a marriage, it can define marital property, what spousal maintenance will be (amount and duration) in the event the parties’ decide to divorce, and even clarify any debts either spouse brought into the marriage. A valid postnuptial agreement must be in writing, signed by both parties, witnessed, and both parties must give full and fair disclosure. Luckily, the attorneys at Capetola & Divins, P.C., are familiar with drafting both prenuptial and postnuptial agreements and are here to help if you and your spouse decide to enter into one of these agreements.

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