Protect Your Future with a Skilled Postnuptial Agreement Attorney
Navigating financial and family matters after marriage can be complex, but a carefully drafted postnuptial agreement provides clarity and protection for both spouses. At Law Offices of Kenneth U. Reyes, APC, our experienced Los Angeles postnuptial agreement lawyer helps clients address sensitive issues, safeguard assets, and plan for the future with confidence. Whether you need guidance on property division, spousal support, or other financial arrangements, we provide clear, practical advice tailored to your unique situation.
What Is a Post-Nuptial Agreement?
A postnuptial agreement is a contract between you and your spouse entered into after you get married, resolving issues in your marriage. It is similar to a prenuptial agreement except it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with issues of property division, management of finances, spousal support, and division of a business that takes effect in case of a divorce. You can enter into a postnuptial agreement even if the marriage is going well. People grow and change over time. You can never predict if your relationship with your spouse will stay the same in the future. In a way, it is a form of planning to cover the contingency in case the marriage does not work out in the future.
If you are the spouse who is the primary breadwinner, such as a registered nurse, a physician, or other professional, California community property law provides for a 50% interest to your spouse for any income earned by you during the marriage and any property acquired by you and your spouse during the marriage. Basically, your spouse has a one-half interest in your salary, earnings, and any assets you acquired during the marriage, even if it was you who sweated to earn that money and even if a particular asset or bank account is under your name alone. This 50/50 division can be changed even after the marriage by means of a postnuptial agreement.
When we help clients consider a postnuptial agreement in Los Angeles County, we also look at how existing assets are titled and how future income is likely to be earned. For example, a spouse who expects to receive stock options, partnership interests, or bonuses tied to performance may want clarity about whether those items will be treated as community or separate property. By addressing these questions in writing, a postnuptial agreement can reduce uncertainty and conflict if there is ever a separation, and it can also give both spouses peace of mind while they remain married and continue to build their lives together.
California law requires that both spouses enter into a postnuptial agreement voluntarily and with a full understanding of the terms. In practice, that means each spouse should have the opportunity to review detailed financial disclosures and, ideally, to consult with a postnuptial agreement attorney before signing. As a family law firm based in Los Angeles, we work with clients to make sure the agreement is tailored to their specific circumstances, whether they are newly married, approaching retirement, or somewhere in between. Taking the time to do this correctly helps reduce the risk that the agreement will be challenged later in a Los Angeles family court.
Why Work With a Postnuptial Agreement Attorney in Los Angeles?
Many couples start talking about a postnuptial agreement only after a major change in their lives, such as the purchase of a home, the launch of a business, or the arrival of children. Working with an attorney in Los Angeles gives you guidance that takes into account California community property rules and how local courts tend to view these contracts. We take the time to understand your goals as a couple, explain what the law allows, and draft language that reflects both protection and fairness so the agreement is more likely to hold up if it is ever reviewed by a judge.
At the Law Offices of Kenneth U. Reyes, APC, we draw on our background in both family law and financial matters to address complex assets such as closely held corporations, professional practices, and investment properties in different parts of Los Angeles County. We also discuss tax implications, potential support obligations, and long-term planning issues so you can see how the agreement might affect you years down the road. Our role is to guide you through each step, answer your questions in plain language, and create a document that reflects careful thought rather than a rushed reaction to conflict.
Frequently Asked Questions
Are Postnuptial Agreements Enforceable in California?
Postnuptial agreements can be enforceable in California if they meet certain legal requirements. Both spouses must enter into the agreement voluntarily, provide full and accurate financial disclosures, and have enough time to review the terms before signing. Courts in Los Angeles will also look at whether the agreement was fair when it was signed and whether circumstances at the time of enforcement make the terms unconscionable.
When Should We Consider a Postnuptial Agreement?
Couples often consider a postnuptial agreement after a major financial or personal change, such as starting a business, receiving a large inheritance, or when one spouse leaves the workforce to care for children. It can also be helpful if you want to clarify rights and expectations after a period of marital strain while you are working on the relationship. The key is to address these issues before they turn into larger disputes, so you can focus on the future with more certainty.
Do Both Spouses Need Their Own Attorney?
Each spouse having their own attorney is not required by statute, but it is strongly recommended and often critical to the strength of the agreement. Separate legal counsel helps show that each spouse understood the terms and had an opportunity to negotiate changes. Judges in Los Angeles family courts may view agreements more favorably when there is clear evidence that both parties received independent advice before signing.
What Issues Can Be Resolved in Advance Through a Postnuptial Agreement?
You can agree on how a business or a professional practice is to be divided in case of a divorce. Through the postnuptial agreement, the division does not have to be 50/50. The agreement can provide that the business will be awarded to one spouse alone, or it can provide a certain amount of buyout to the other spouse. There is a lot of flexibility as to how you want to structure this.
You can also provide for how real property is to be divided, such as a house or rental property. Typically, a house purchased during the marriage is community property to be divided equally. A house purchased before the marriage is separate property, but if there was a mortgage or refinancing during the marriage and the monthly mortgage payment is paid from earnings during the marriage, there could be a community interest in that separate property house, which entitles your spouse to a portion of the house. This confusion can be squared away and clarified in a postnuptial agreement. You can provide for who gets the house and what buyout, if any, your spouse will get in case of a divorce.
Spousal support can also be addressed in the postnuptial agreement. A common provision is to agree to a certain amount of spousal support, which varies depending on how long the marriage lasted at the time the parties divorced. It is also possible to waive spousal support altogether. However, such a waiver of support will be scrutinized for unconscionability at the time of the divorce.
Other issues that can be resolved in a postnuptial agreement are division of debts and credit cards, ownership of a life insurance policy, beneficiaries to a life insurance policy, and who gets the family pet.
In our work with clients in Los Angeles, we often see postnuptial agreements used to address future inheritances or gifts from extended family. A spouse whose parents plan to transfer a rental property, family business interest, or significant cash gifts may want to clarify that those assets, and any growth on them, will remain separate property. A carefully drafted agreement can also outline how education expenses for children, charitable giving, or support for relatives abroad will be handled during the marriage, so there are fewer disagreements later about these important financial decisions.
The following are common issues that can be addressed in a postnuptial agreement:
Division of a business or practice by specifying who will retain ownership and whether any buyout or valuation method will apply if the marriage ends.
Treatment of real estate, such as the family home, vacation properties, or rental units, including how equity and future appreciation will be allocated.
Spousal support arrangements that set guidelines for the amount and duration of support or clarify whether support will be limited or waived, subject to California law.
Responsibility for debts, including credit cards, personal loans, and business obligations, so that each spouse understands which liabilities they will carry.
Insurance and beneficiary designations for life insurance or retirement accounts, ensuring that intended beneficiaries are clearly identified.
Personal property and pets are outlined by outlining who will keep certain sentimental items and who will care for family pets if the couple separates.
Since the postnuptial agreement is the first issue that can be attacked in a divorce case, it is best that each party be represented by their own attorney in negotiating the agreement. In that case, there is less likelihood that the postnuptial agreement will be found invalid since you can argue that there was no undue influence since both parties were represented by counsel. Having a postnuptial agreement is definitely beneficial in minimizing the uncertainty in the future pertaining to your marriage and finances.
When you work with a postnuptial agreement lawyer Los Angeles couples trust, the process usually includes several stages: an initial consultation to clarify your goals, an exchange of financial information, preparation of a draft agreement, and time for both spouses to review the document with their own counsel. We also encourage our clients to plan for timing, because it is better to negotiate these terms when there is no immediate crisis. This thoughtful approach can make discussions less emotional and help each spouse feel that their concerns are heard and reflected in the final agreement.
Schedule your consultation online or call us today at (213) 798-4854 to speak with a Los Angeles postnuptial agreement attorney and get personalized guidance for your financial and family planning needs.
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