When to Get a Postnuptial in Illinois

 Posted on March 06, 2024 in Prenuptial and Postnuptial Agreements

If you are already married, especially if you have been married for quite a while, bringing up the idea of getting a postnuptial agreement with your spouse might seem difficult. However, if you did not get a prenuptial agreement before the marriage, putting a contract in place now might be a good idea for several reasons. This type of contract can protect you should you later divorce, and some spouses will wisely demand one as a condition of remaining married after marital misconduct has occurred. Many marriage counselors also recommend putting a postnuptial agreement in writing in some circumstances, as it can give both spouses peace of mind. Sitting down together with your Wheaton, IL, postnuptial agreement lawyers and working out a contract can also be an excellent exercise in compromise and cooperation.

Why You Need a Postnuptial Before Career Changes

If one of you is going to become a stay-at-home parent, a postnuptial agreement can protect both you and your child. While you cannot agree to a parenting plan or child support payments before you actually get divorced, what you can do is preserve the stay-at-home parent’s financial security. Before you give up your career and elect to stay home with a new child, you may want to ensure that your spouse would be willing to pay spousal maintenance so that you would be secure if you later get divorced.

Getting a prenuptial agreement to protect yourself financially before you or your spouse decides to stop working and go back to school is also a wise idea. If one of you will work to support the family, that spouse should be protected in case the spouse going to school leaves after getting an advanced degree. The spouse seeking higher education may also want to be protected in case their spouse leaves them while they are still in school.

Postnuptial Agreements After Marital Misconduct 

If your spouse has made a big mistake, but you are choosing to stay and try to work it out, you may want to get a postnuptial agreement now in case reconciliation efforts fail. You might want to get a postnuptial agreement if your spouse has:

• Committed adultery, 
• Made poor financial decisions, 
• Hidden assets from you, 
• Been charged with a crime, 
• Become addicted to drugs or alcohol,
• Been caught in a major lie, or
• Violated a boundary you established. 

Contact a DuPage County, IL, Postnuptial Agreements Attorney

Andrew Cores Family Law Group can help you and your spouse create a postnuptial agreement that you are both comfortable signing. Our experienced Wheaton, IL, postnuptial contracts lawyers will strive to help you feel secure and protected in your agreement. Contact us at 630-871-1002 to start with a free consultation.