Question: I didn't do a pre-nup before I got married and now I'm regretting it. My best friend told me to make sure I got a signed prenuptial agreement but I didn't think it was necessary, I didn't see the point. But now I realize that I should not have gotten married without one.
We've only been married for a couple of years. But my wife is a totally different person from the lady I dated for seven years. And things aren't working out in our marriage. She makes a lot more money than I do, and I really want to be a house husband so I can stay at home with our daughter.
She controls all the money and she is always working. She's no longer affectionate and we sleep in different bedrooms. Financially I have to ask her for just about all of my spending money. And she said that the money that she made from and IPO, which is an initial public offering, was all hers and not mine. She takes vacations with her friends and doesn't even ask me to go along.
I'm really worried about my financial situation if she divorces me. I'll never have this lifestyle again. Since I didn't do a prenup before we were married, is there anything I can do now to protect myself? What is my best option?
T.E. in Roswell, Georgia
Answer: Many people consider getting a properly written prenuptial agreement essential before marriage. But if you, for whatever reason, didn't get a prenup, you have another option. You can still get a postnuptial agreement. A post-nup acts in many ways just like a prenup, but is entered into after marriage.
Postnups are becoming very popular. Under a postnup, both parties need to fully disclose their assets to the other party. It is wise for each party to have an attorney who is knowledgeable about prenups and postnups.
Basically, a postnuptial agreement is a voluntary contract between spouses that is crafted after their wedding. Postnups are often used to help resolve issues in marriage by removing sources of disagreement and friction over assets, finances, children, inheritances, etc.
Many people, however, intended to enter into a prenuptial agreement but simply ran out of time before the wedding. A postnuptial agreement can be used to bring certainty to important areas like alimony, debt, how the marital home will be split, and even what happens to the family pet.
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