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What should go into a postnuptial agreement?

Couples in Massachusetts who are entering into marriage may choose to skip having a prenuptial agreement because the thought of divorce seems truly unbelievable. However, once settled into married life, and once reality sets in, the couple may realize that an agreement of some type may be a smart idea. For many of these couples a postnuptial agreement may be in order.

According to ABC News, there are multiple reasons a couple may choose a postnup. One's income may have changed dramatically, one spouse chooses to stay home with the children or one of them is a business owner and wants to protect the company in the event of divorce. Each party should discuss with an attorney what he or she would like to state in the agreement. Some common things many couples choose to include are:

  • Division of individual and joint property/assets in the case of divorce
  • Division of home labor
  • Child or spousal support details
  • The payment of debts

Forbes talks about a different approach when it comes to laying out provisions in a postnuptial agreement, and this is including lifestyle clauses. These clauses outline expected behavior in the marriage. While this may include how many visits in-laws are allotted or how many vacations the family will take each year, a popular clause is one related to infidelity. It can outline the definition of what constitutes cheating as well as the monetary compensation due if one spouse does stray. Some couples put in an infidelity clause because many states no longer factor in adultery when considering how assets or alimony is distributed during a divorce. 



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