We’ve all heard of prenuptial agreements. But what happens when you’re already married and want to set clear terms around finances, property, or future plans?

Enter the postnuptial agreement (aka postnup).

Contrary to popular belief, postnups aren’t just for couples on the verge of divorce. In fact, they can be a smart, strategic tool for married couples who want to protect their interests and reduce future conflict before it ever arises.

Here are five situations where a postnuptial agreement might make sense.

1. You’re starting (or growing) a business

If one spouse is launching a company, a postnup can clearly outline ownership, equity rights, and how the business would be handled in the event of a divorce.

Without one, the business may be considered marital property, meaning it could be divided or valued during divorce, even if only one spouse is involved in running it.

Why it matters: A postnup protects the business and the non-owner spouse, reducing ambiguity and future risk.

2. There’s been a major inheritance or gift

Whether one of you has received a large inheritance or a financial gift from family, a postnup can help clarify how those funds should be treated, especially if they’ve been commingled with marital assets.

Why it matters: Without clear terms, inherited funds or property can easily become subject to division.

3. You’re blending families or remarried later in life

If you or your spouse has children from a previous relationship, a postnup can help ensure that everyone is protected and that your estate plan reflects your current family structure.

Why it matters: It can prevent unintended legal battles or misunderstandings between biological and stepchildren later on.

4. You’re experiencing marital strain but not ready to divorce

Sometimes, a postnup serves as part of a healing process. It allows couples to address financial concerns, clarify expectations, and create a sense of security, especially during counseling or reconciliation.

Why it matters: A thoughtful postnup can bring clarity and boundaries when things feel uncertain, creating space for trust to rebuild.

5. You never signed a prenup, and now your finances have changed

Maybe your prenup plans got lost in the wedding whirlwind. Or maybe your assets have grown significantly since the marriage began.

A postnup is a way to revisit those conversations with more maturity, more clarity, and a better understanding of what’s at stake.

Why it matters: Life changes, so should your legal agreements.

But is a postnup legally enforceable?
In Maryland and DC, postnuptial agreements can be enforceable as long as certain requirements are met, including:

• Full financial disclosure from both parties
• Voluntary agreement with no coercion
• Fair and reasonable terms
• Independent legal counsel for each spouse (recommended)

I work closely with clients to ensure postnups are thoughtfully drafted, legally sound, and customized to each unique situation.

A postnup isn’t a sign of distrust; it’s a sign of intentionality. Whether you’re protecting a growing business, navigating complex family dynamics, or simply seeking peace of mind, a postnuptial agreement can help bring clarity and security into your marriage.

Want to know if a postnup is right for your situation?
Schedule a private consultation with me and explore your options with compassion, clarity, and strategy.