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Postnuptial Agreements in Rhode Island

Skilled Rhode Island Marital Lawyers Draft Postnuptial Agreements

Cranston firm offers personalized attention to your urgent concerns to help ensure a secure future

Most people think of marital agreements as something for engaged couples to consider. However, many couples who have been married a while choose either to revisit and revise their prenuptial agreement or draft a postnuptial agreement from scratch. There are many circumstances that might prompt you to consider a postnup, and it’s important to get trustworthy advice from an experienced marital law attorney. At Kirshenbaum Law Associates, Inc. in Cranston, Rhode Island, our accomplished attorneys draw on more than 100 combined years of legal experience to provide reliable guidance for your specific circumstances. Our highly personalized service helps ensure that you’ve considered every contingency and have put in place necessary protections for your future security.

Reasons why you might consider negotiating a postnuptial agreement

Many couples don’t realize that they need a marital agreement until they have been together long enough to get a sense of where their marriage is heading. Pressures of day-to-day life can put a strain on a relationship, and having a marital agreement in place can provide an extra sense of security. The couple might also experience changes they hadn’t fully anticipated. The reasons couples most often decide to craft a postnuptial agreement include:

  • Separate property concerns — The separate property you bring to your marriage is not subject to Rhode Island’s equitable distribution laws. This is also true of new income your separate property generates. However, through the process of commingling, your separate property can become indistinguishable from your marital assets. A postnuptial agreement can help you draw a bright line to ensure that what started as separate remains separate.
  • Spendthrift spouse — You might not have been fully aware of your spouse’s spending habits before you got married. If your spouse is running up debt you don’t want to be ultimately responsible for, a postnup can set enforceable guidelines for responsibility in the event of a divorce.
  • Disparity in earnings — Two-career couples often expect their earnings to keep pace with each other. But if one spouse rises as the other spouse’s career falters, tension can set in. A postnup can create a presumption for the share of marital property each spouse will receive based on their relative earnings.
  • Time away from a career — There are many reasons why a spouse might step off the career track for a brief or extended period: raising children, disillusionment, further education or health issues. It’s up to the couple to decide what this time off means for that spouse’s property rights in the event of a divorce.
  • Legacy concerns for children from a first marriage — If you’ve just begun to look at estate planning seriously, you might have been surprised to learn how the state’s laws of inheritance could deprive your children from your first marriage of a bequest if you were to die before your spouse. A postnuptial agreement is an effective way to correct that problem.

These are just a few of the reasons you might want to negotiate a postnuptial agreement, and you might have a few reasons of your own. However, for a postnup to stand up in court, you must execute the agreement in conformity with the laws of the state. For that reason, it’s important to get trustworthy advice from a knowledgeable attorney.

Trust our Rhode Island marital lawyers to draw up your postnuptial agreement

At Kirshenbaum Law Associates, Inc. in Cranston, Rhode Island, our marital law attorneys are committed to providing exceptional service that produces reliable results. To learn more about how we can help with your postnuptial agreement, contact us online or call 401-467-5300 today.

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