When Should I Sign a Postnuptial Agreement?

 Posted on March 31, 2025 in Postnuptial Agreements

Over the course of your marriage, you and your spouse will inevitably come across obstacles and opportunities. You may not have seen the need to sign a prenuptial agreement before your marriage, but circumstances can change after your vows, necessitating a guarantee of financial security. If you are thinking about drafting a postnup, an Illinois family law attorney can help you get the document in writing.

The purpose of a postnuptial agreement is to dictate how certain financial aspects of your divorce will be handled, if it ever comes to pass. At Calabrese Associates, P.C., our family lawyer can simplify the process of writing a postnup so that you and your spouse can rest easy.

Starting a Shared Business

Starting a joint business venture with your spouse can be an exciting time in your marriage. However, you may have a difficult time splitting up your business interests in your divorce without interrupting your daily operations. 

Ideally, the fate of your business should not be tied to the fate of your marriage. By signing a postnuptial agreement, you and your spouse can decide exactly what should happen to your business if you ever get divorced. For instance, one of you might agree to buy out the other’s interest or compensate the other with a greater share of marital property. At Calabrese Associates, P.C., we can help propose creative solutions for a marital business in a postnup.

Receiving an Inheritance

An unexpected inheritance can make a major change to your finances. When made out to one person alone, inheritances are considered separate property in Illinois. However, if you mix inheritance money or assets with marital property, like a joint investment, your inheritance could lose its identity as separate property.

If you have received an inheritance, it may be in your best interest to set it aside as separate property to avoid any confusion later. This can be somewhat of a sensitive subject, so you should broach the subject of signing a postnup with your spouse carefully. We can include terms in your postnup specifying how you want to protect your inheritance.

Taking on Debt

It is fairly normal for married couples to take out large loans, such as a mortgage, car loan, or other investments. However, figuring out how to allocate debt in the event of a divorce can be an uncomfortable conversation. Illinois courts divide marital debts fairly between spouses, but what a judge thinks is fair may not align with your material circumstances. 

A postnuptial agreement can allocate present and future debts as you and your spouse see fit. As long as the agreement does not unfairly burden you or your spouse with unmanageable debt, a judge will likely honor the agreement. 

Contact a Naperville, IL Family Lawyer Today

Plenty of things can change during your marriage. If you want peace of mind regarding the unknowns and what-ifs, you might be interested in signing a postnuptial agreement. At Calabrese Associates, P.C., our DuPage County, IL family law attorney can help protect you from liability, providing clear legal advice for you and your spouse. To schedule a consultation, call our offices at 630-393-3111 today.