Rockville Family Law Attorneys Recognized for Extensive Proficiency in Postnuptial Agreements

Putting knowledge and strategy to work for clients throughout Maryland

By establishing legally recognized rights and responsibilities pertaining to finances and other issues, postnuptial agreements can enhance a marriage. A postnuptial can also reduce tension and acrimony in the event a marriage subsequently breaks down. As is true with their prenuptial counterparts, postnuptial agreements can be of i benefit to both spouses if entered into under appropriate circumstances.

The Maryland postnuptial agreement attorneys at Rockville’s Jo Benson Fogel, P.A. can assist you in negotiating and drafting solid agreements that are responsive to your needs. And, you can count on us to treat these issues with the sensitivity and respect they deserve.

Helping you understand the nuances of prenuptial and postnuptial agreements

Both prenuptial and postnuptial agreements are designed to formalize a couple’s wishes with respect to finances, whether pertaining to alimony, income, property, or other items of value. There are, however, important differences between them:

  • Timeframe: A prenuptial (or antenuptial agreement) is entered into before marriage; postnuptial agreements are established at varying points after a couple is married.
  • Enforceability: Because of the different timeframes within which prenuptial and postnuptial agreements are entered into, Maryland courts often do not view these agreements in the context of contract law.
  • Scope: Postnuptial and prenuptial agreements can contain broader provisions than just those related to financial issues.
  • Relationship dynamics: The dynamics of a relationship differ at the moment a prenuptial agreement is entered into as compared to when a postnuptial is executed.The timing can impact formation of the agreement in various ways.

Before entering into any kind of legally binding agreement with your partner or future spouse, it is important to consult an attorney for counsel on how to best protect your interests. When you meet with our Rockville attorneys, we review and explain these legal documents, and assess which is most in line with your wishes and needs.

Postnuptial agreements that adequately respond to changes

As is true with anything in life, circumstances in a marriage can change. Couples who decided before marriage that a prenuptial agreement was not right for them may be faced with any number of situations that benefit from a postnuptial agreement:

  • Acquisition of real estate
  • Sale of stocks or other assets
  • Change in employment and income
  • Decision to leave the workforce to care for children
  • New business interests
  • Loss of retirement benefits
  • Marital disagreement over impartial family decisions

While the nature of a particular change may not be rooted in economic issues, such changes can nevertheless have wider implications on the financial situation and structure of the marriage. Setting and establishing expectations can go a long way in strengthening a relationship—and simplifying things in the event of divorce.

Protecting you from being held liable for debts incurred by your spouse

Prenuptial and postnuptial agreements are often wrongly viewed as a protection only for the spouse with substantial assets or earnings. Each agreement, however, can go a long way in protecting a lesser-earning spouse. A very important function of postnuptial agreements is to limit a spouse’s exposure to liability for debts. Considerable debt can be amassed during the marriage and, all too often, the spousal contribution to marital debt is unequal. This may be the case when one spouse earns considerably more than another and has greater spending flexibility. Through a postnuptial agreement, our Rockville divorce and family law attorneys can ensure that liability for your partner’s debts does not extend to you.

Rockville’s premiere postnuptial attorneys stand ready to represent you. Call today

The skilled attorneys at the law firm of Jo Benson Fogel, P.A. can help you consider your options under Maryland’s prenuptial and postnuptial agreement laws, to decide the best approach to take given your situation. Call (301) 468-2288 or contact us online to schedule a consultation with us. You can trust us to appreciate the delicate nature of these matters and to treat them with the sensitivity they deserve.

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