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What Is the Purpose of a Postnuptial Agreement?
Many people have heard of prenuptial agreements, but few know what a postnuptial agreement is. The two are similar but have different time frames for creating them. In the past, prenups were reserved for those with extremely high assets, but have since become more common. "Postnups" have also begun to rise in popularity. These legal documents are constructed after marriage rather than beforehand.
To some, this may seem like a bad omen, but for many, this is reassurance for an unpredictable future. At Shaw Sanders, P.C., our St. Charles, IL family law attorneys can help you draft a postnup to safeguard your interests in the long term. We have over three decades of legal experience, with a history of helping clients through dense legal matters and family law disputes.
Does a Prenuptial or Postnuptial Agreement Predict Divorce?
Some people see a postnuptial agreement as planning for divorce. That concern is understandable, but it overlooks a broader reality. Marriage involves uncertainty, and legal planning acknowledges that uncertainty.
It is also important to keep in mind that divorce is common, even in marriages that begin with strong commitment and no legal agreements at all. Many couples choose postnuptial agreements during stable periods in their relationship. Some do so after coming into money, starting a business, or reevaluating finances later in life. Others want clarity after working through conflict or rebuilding trust. In these situations, a postnup serves as a practical tool instead of a warning sign.
A postnuptial agreement can provide structure and transparency around financial expectations. For many couples, that clarity reduces stress and allows them to focus on strengthening their relationship.
Common Reasons People Sign a Postnup in 2026
The idea of signing an agreement after the wedding is not for everyone. However, there are many situations that warrant it. One of the primary reasons individuals sign postnups is because they did not sign a prenup in time. Waiting to sign the documents until after the wedding celebration can be a good way to ensure that a postnup is in the best interest of both parties.
Postnups can also help relieve financial stressors that may be causing issues in a marriage. High assets or a large amount of debt incurred by one spouse can quickly replace loving emotions with anger and stress. Creating a postnuptial agreement can help each spouse understand their assets and debts and consider how they could divide them. Giving a spouse full responsibility for their financial habits can also be a good motivation to improve.
Questions Addressed in an Illinois Postnup
The following are common issues that are addressed within a postnuptial agreement:
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What will you do with debts? Many couples’ biggest fear is getting bogged down by their spouse’s debt that they were never a part of. The document will label both joint and individual debt. Postnups can assign debt payment responsibility in the case that any is incurred.
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How is money divided in a blended family? It can be confusing and difficult to determine how things will be divided up with blended families. This includes financial support for children from previous marriages.
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What about business relations? If spouses are involved in business together, it is crucial that they have legal documentation in the case of a divorce. The postnup will address what the roles of both spouses are in the business and how the business should be divided in a divorce.
Prohibited Terms in a Postnuptial Agreement
A postnuptial agreement can cover a lot of ground, but there are limitations. Some topics are simply off-limits, even if both spouses agree.
For starters, a postnup cannot decide issues involving children ahead of time. That includes child custody, parenting time, and child support (750 ILCS 10/4). Courts want to make those decisions based on what is best for the child at the time of a separation or divorce, not years earlier when circumstances may be very different.
Postnuptial agreements also cannot be used to pressure someone to stay married. Clauses that punish a spouse for filing for divorce or try to reward or penalize personal behavior, such as infidelity, often do not hold up in court. Judges tend to view those provisions as unfair or coercive.
A valid postnuptial agreement should feel balanced, transparent, and voluntary on both sides. If one spouse hides assets, leaves out debts, or pushes the other spouse to sign without time to review the agreement, the entire postnup may be thrown out.
Should I Sign a Postnup if I Inherit Money?
Inheritance often triggers postnuptial discussions. In many states, inherited assets may start as separate property. Problems arise when inherited money is mixed with marital funds or used for shared expenses.
A postnuptial agreement can clearly define how an inheritance will be treated and protected. It can also address future growth, income, or reinvestment tied to that inheritance. For some couples, this clarity reduces anxiety later down the line.
Contact a St. Charles, IL Postnuptial Agreement Lawyer
Accounting for different possibilities in the future can help set your mind at ease. At Shaw Sanders, P.C., we can draft and review postnuptial agreements to safeguard your interests. To set up a free consultation with our firm, call our offices at 630-584-5550 or contact our Kane County, IL family law attorneys online.
630-584-5550