By: Martin M. Shenkman, CPA, MBA, JD
This is an agreement made to address financial and other arrangements between a married couple after they are married. It is similar to a prenuptial agreement but signed after the marriage. Its effectiveness may be, depending on the facts and state law, less significant than that of a prenuptial agreement. In many instances a post-nuptial agreement could almost be akin to a negotiation of a divorce agreement before a divorce occurs. Sometimes post-nuptial agreements are used if a family member wants to gift an interest in a family business to one spouse, but if the marriage fails doesn't want the other spouse to gain access to the business. A post-nuptial is also referred to as an ante-nuptial. See "Divorce Agreements".
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