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Maryland Family Lawyer Drafts Postnuptial Agreements

What is a postmarital agreement in Maryland?

A couple can enter into a postmarital agreement, also known as a postnuptial agreement, at any point during their marriage. Couples who signed a prenuptial agreement often replace it with a postnuptial agreement because their circumstances have changed substantially since they were married. If you or your spouse believes you would benefit from a postmarital agreement, a knowledgeable Maryland attorney at the Law Offices of Ellen L. Lee can help ensure that your interests are protected.

Who needs a postmarital agreement?

You may want to consider a postnuptial agreement if you have no premarital agreement and any one of the following is true:

  • There has been a substantial change in your financial status
  • There is a dispute over your finances
  • You are starting a business
  • You want to specify how your assets and debts would be divided upon divorce

For some couples, a postnuptial agreement serves as a blueprint for a divorce agreement, but others find that the process of coming to an agreement on difficult issues helps solidify their marriage. Like a prenuptial agreement, a postnuptial can only address property rights.

Neither a prenuptial nor postnuptial agreement can settle child custody, child support, child visitation or any other issue relating to your children.  Under Maryland law, any actions involving your child must be based on the best interests of the child, not on the financial interests of the parents.

What issues may be included in a postmarital agreement?

Just like a prenups, postnuptial agreements in Maryland may cover a variety of issues, including:

  • Spousal support (alimony)
  • Division of assets, including real estate, personal property, bank accounts and investments
  • Division of debts
  • Life insurance, health insurance and retirement benefits
  • Income tax issues

Like a premarital agreement, a postmarital agreement can be revoked if both spouses agree to do so.

Should we retain separate attorneys?

If you are contemplating a postnuptial agreement, each spouse should be independently represented by a family law attorney. Separate counsel helps ensure that the interests of each spouse are protected.

Consult our Maryland law firm for help with a postnuptial agreement

If you or your spouse wants to execute a postmarital agreement, don’t sign anything until you have consulted with the Law Offices of Ellen L. Lee at 240-552-6957 or contact us online. Conveniently located two blocks from the Rockville Courthouse, our law office serves clients in Columbia, Frederick, Annapolis, Bethesda, Montgomery County and the rest of Maryland. We also have a satellite office in Bethesda.

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