Postnuptial Agreements: What They Are and Why They Matter
Marriage is often seen as a promise to build a life together. However, as life evolves, so do relationships. And sometimes, that evolution calls for a new kind of agreement. That’s where postnuptial agreements come in.Unlike a prenup, which is signed before the wedding, a postnup is created during the marriage. This doesn’t mean you’re planning for life’s curveballs, but you’re creating structure, clarity, and trust around finances. Whether you’re navigating a significant life change or simply want to get on the same page, a postnup can be a valuable tool.In this article, we’ll explore what this legal contract is, what it includes, and the cost of a postnuptial agreement. Here at Neptune, our goal is to help you decide whether a postnup is right for you.
Key takeaways
- You can create a postnuptial agreement after marriage to establish financial clarity around income, property, assets, debts, and spousal support - especially useful if you didn't get a prenup originally
- Postnups are commonly needed during major life changes like starting a business, having children, career shifts, second marriages, or receiving inheritances to clarify how these affect your financial partnership
- The cost ranges from $1,000 to $5,000 on average, with pricing affected by your location, complexity of assets, and the requirement that each spouse must have separate legal representation
- Your postnup must be fair and voluntary to be enforceable - courts can reject agreements that are one-sided, created under pressure, or signed without proper legal counsel
- Neptune offers flat-fee pricing with vetted attorneys, eliminating hidden fees and providing state-compliant agreements that 92% of couples would recommend to others
What Is a Postnuptial Agreement?
A postnuptial agreement, or postnup, is a legal contract made between spouses after they are already married. It outlines how financial matters, such as income, property, assets, debts, and spousal support, will be handled in the event of a separation or loss.
Think of it as a roadmap that answers questions like:
- If one spouse starts a business, will it be considered shared marital property?
- What happens to inherited assets or pre-marriage investments?
- How would spousal support or alimony be addressed?
- Will either partner be entitled to retirement accounts or future earnings?
By addressing these questions in writing, a postnup creates transparency and can prevent future misunderstandings.
Why Do Couples Get a Postnuptial Agreement?
Couples choose postnups for many reasons, often during periods of transition or growth. These moments can prompt a desire for more clarity, protection, or shared decision-making. A postnuptial agreement helps define how you and your partner want to handle finances moving forward.
Here are some common reasons couples consider postnups:
- No prenup: If you didn’t create a prenuptial agreement, a postnup offers a chance to establish financial clarity later without needing to wait for conflict or crisis.
- Major life changes: A new child, career shift, or business launch may call for a new plan around income, ownership, or long-term goals. A postnup can clarify how assets are held, how responsibilities are divided, and what happens if things change again.
- Second marriages: When blending families, partners may want to protect children from previous relationships, preserve inheritances, or outline separate and shared property from the start.
- Inherited wealth or family gifts: If one partner receives an inheritance or family-owned asset, a postnup can define whether that will remain separate or be considered part of the couple’s shared estate.
- Rebuilding trust: After challenges such as infidelity or financial missteps, some couples use a postnup to create new boundaries and restore a sense of safety and partnership.
One thing to remember here: Postnups must be fair and voluntary to hold up in court. Courts may reject agreements that are overly one-sided, created under pressure, or signed without legal counsel.
If you're considering a postnuptial agreement or simply want to explore if it’s right for your relationship, get started here. Answer a few simple questions, and Neptune will connect you with a trusted lawyer who understands your goals and your values.
What Is the Cost of a Postnuptial Agreement?
The cost of a postnuptial agreement depends on a few factors:
- Location: Legal fees vary widely depending on the state and city.
- Complexity: A simple agreement may take just a few hours, while more detailed arrangements, especially those involving businesses, blended families, or significant assets, require more time and care.
- Legal representation: Each partner must have their own lawyer. Courts can throw out a postnup if a couple had shared a lawyer while drafting a postnup.
On average, a postnup in the U.S. can cost anywhere from $1,000 to $5,000 and more. This may seem like a significant investment, but the clarity it provides can save tens of thousands in legal fees, emotional stress, and financial uncertainty down the line.
Transparent, Flat-Fee Pricing with Neptune
At Neptune, we believe clarity should begin with the process itself. That’s why we offer transparent, flat-fee pricing with exclusive rates from carefully vetted, top-tier lawyers. No more hidden fees or surprise invoices. Just a clear, guided path to a professionally crafted postnup that reflects your goals and your relationship.
Whether you're looking for a simple postnup or something more tailored, we'll help you understand exactly what you're paying for and connect you with a lawyer who’s the right fit for your situation. Plus, 92% of Neptune couples say they would recommend their attorneys to others!
By working with Neptune, you get much more than just paperwork. You get a postnup that’s state-compliant, thoughtfully customized, and built around your shared values.
Start the conversation with Neptune today. Your future deserves clarity, care, and the right kind of support.
Frequently asked questions
What is a postnuptial agreement?
A postnuptial agreement is a legal contract made between spouses after they are already married that outlines how financial matters like income, property, assets, debts, and spousal support will be handled in the event of separation or loss. It serves as a roadmap for financial decisions and creates transparency to prevent future misunderstandings. Unlike a prenup, it's created after marriage rather than before.
How much does a postnuptial agreement cost?
A postnuptial agreement in the U.S. typically costs anywhere from $1,000 to $5,000 or more. The cost depends on your location, the complexity of your financial situation, and legal representation requirements. Each partner must have their own lawyer, and more detailed arrangements involving businesses, blended families, or significant assets require more time and higher fees.
Why would a married couple need a postnuptial agreement?
Couples get postnuptial agreements for various reasons including not having a prenup, major life changes like starting a business or having children, second marriages where they want to protect children from previous relationships, receiving inheritances, or rebuilding trust after challenges like infidelity. A postnup provides financial clarity during periods of transition or growth in the marriage.
Can a postnuptial agreement be rejected by courts?
Yes, courts may reject postnuptial agreements that are overly one-sided, created under pressure, or signed without proper legal counsel. For a postnup to hold up in court, it must be fair and voluntary. Each partner must have their own lawyer during the drafting process, as courts can throw out agreements where couples shared a lawyer.
What financial matters does a postnuptial agreement cover?
A postnuptial agreement covers income, property, assets, debts, and spousal support arrangements. It addresses questions like whether a business started by one spouse becomes shared marital property, what happens to inherited assets or pre-marriage investments, how spousal support would work, and whether either partner is entitled to retirement accounts or future earnings.