Bergen County Postnuptial Agreements Attorney

You may not have considered a prenuptial agreement before getting married, but now you’re experiencing financial disagreements in your marriage. In that case, devising a postnuptial agreement might be in your best interests. Our experienced Bergen County postnuptial agreements attorneys at Spodek Law Group can help you navigate the process.

If you’re considering a postnuptial agreement and don’t have a prenup, it may be a good idea to explore this option. Studies have shown that financial disagreements are the strongest predictors of divorce, which is why it’s essential to ensure that you and your spouse are on the same page about financial matters by agreeing in advance on what happens to the assets and liabilities.

How Spodek Law Group Can Help with Postnuptial Agreements

If you’re considering entering into a marital agreement, you need insightful legal counsel and advice. Before you sign a marital agreement, talk to a family law attorney with experience in postnuptial agreements. At Spodek Law Group, our Bergen County divorce lawyers have over a decade of experience helping clients navigate all types of family law disputes. We understand the importance of a properly-drafted postnuptial agreement, and we’ll do everything in our power to ensure that your interests are protected.

When you work with us, you can expect us to help you identify what you’d like to achieve by executing a postnuptial agreement, handling negotiations with your spouse and their attorney, ensuring that the contract complies with New Jersey state law, and enlisting the aid of experts, when necessary, to help both identify and value your marital assets.

Contact our Bergen County law offices – conveniently located in Hackensack and Madison – to arrange a time to discuss your postnuptial agreement today. As always, your initial consultation with our attorney Todd Spodek is 100% free.

What Happens If You Don’t Have a Postnuptial Agreement?

New Jersey is an equitable distribution state, which means that a court will divide assets in a way that is fair rather than strictly equal. The court will divide both assets and debts. The court divides marital property, which is property purchased during the marriage. If either spouse enters the marriage with a high net worth or valuable property that’s later used to acquire marital property, there can be some vehement disagreement over how it should be divided.

If the court decides, the judge may order sentimental family belongings to be sold so that the proceeds can be divided. However, a valid postnuptial agreement supplants the state’s equitable distribution law in the event of a divorce.

New Jersey courts consider several factors when deciding how to divide debt in a divorce, including the spouses’ lifestyle during the marriage, each party’s premarital income and its present value, each party’s financial situation, including their earning capacity and income, the total debts and obligations of the marriage, and each party’s personal debt. The court can consider any relevant factors when deciding the fairest way to split debts.

A postnuptial agreement can assign responsibility to each spouse for their respective debts. For instance, one spouse may want to take on debt to finance a business venture or investment, while the other spouse simply does not have the means to pay the debt in the event of a divorce. In this scenario, a postnuptial agreement can protect both spouses.

In this way, postnuptial agreements can be used to level the playing field between spouses of different financial positions. They can protect both spouses in that neither spouse will bear the burden of the other spouse’s financial state.

What’s the Difference Between Prenuptial and Postnuptial Agreements?

Both prenuptial and postnuptial agreements are contracts between two spouses or intended spouses. They both address how the parties will handle certain marital issues in the event of a divorce.

Prenuptial agreements are entered into before the marriage, usually dealing with property owned by the intended spouses. Each spouse in New Jersey is required to fully disclose all assets. A prenuptial agreement might also address how a spouse will provide for children of prior marriages.

In addition, prenuptial agreements can address issues such as alimony or spousal support, which state’s laws apply to the contract for spouses with property in multiple states, whether a will or trust should be created to implement the agreement in the event of death, ownership of premarital debts like student loans, and even rights and responsibilities between spouses in relation to personal matters, as long as they do not violate public policy. Child support and custody cannot be included in a prenuptial agreement.

Postnuptial agreements, on the other hand, come about during the marriage and can deal with premarital property, marital property, marital debt, and more. Postnuptial agreements can set expectations for spousal maintenance, particularly when one spouse delays or sacrifices their career to raise children. They can also amend or modify prenuptial agreements.

Drafting Postnups for Spouses Across Bergen County, New Jersey

Our family law and divorce attorneys at Spodek Law Group are proud to represent clients all across Bergen County, including Teaneck, Englewood, Ridgewood, Tenafly, Franklin Lakes, Upper Saddle River, Allendale, Old Tappan, Hohokus, Saddle River. Don’t hesitate to pick up the phone or connect with us online if you need assistance with your postnuptial agreement or have other family law issues that need to be addressed.

Contact Our Bergen County Postnuptial Agreements Attorney for Assistance

Postnuptial agreements can be tricky, and there are certain issues of public policy that must not be violated, even by the agreement of spouses, such as child custody and support, and others. In New Jersey, postnuptial agreements must be fair and equitable at the time someone seeks to have them enforced.

Under the best of circumstances, it can be difficult to predict in advance what kind of distribution will be fair and equitable in the future. However, a skilled Bergen County postnuptial agreements attorney at Spodek Law Group can discuss your options with you and help you draft a valid, enforceable postnuptial agreement that protects your interests.

Contact us today to schedule a free consultation to discuss your rights and options. We’ll help you navigate the process and ensure that your interests are protected so that you can move forward with confidence.