When it seems like divorce is imminent, you might feel concerned about how you will protect your business and other personally significant assets during the property division process. If you do not have a prenuptial agreement in place, then discussing a postnuptial agreement with your spouse might be the best option.
Regardless of the state of your marriage, mentioning the topic of getting a postnuptial agreement may lead to raised tensions or even trigger a heated argument. Understanding how a postnup can benefit high-asset couples will make it easier to approach the discussion with composure and grace.
Focus on the mutual benefits of a postnuptial agreement
The Bureau of Labor Statistics reports that approximately 62% of married couples with children contain two employed spouses. These are likely to be high-asset marriages that can give way to highly contentious divorces if no marriage agreement is in place to facilitate an amicable division of marital property. When discussing the possibility of a postnuptial agreement with your spouse, emphasize that negotiating terms outside of court, perhaps through mediation, can be beneficial for each party and the future of your relationship.
Consider how a postnup can promote independence
If you do come from a two-income marriage, consider how you and your spouse both have your own careers, priorities, and expectations concerning your respective qualities of life. A postnuptial agreement can protect what matters most to each of you, lending a sense of independence even if the transition to an unmarried lifestyle proves difficult for either party.
There is undoubtedly a negative connotation around the topic of suggesting a postnuptial agreement. Even so, you and your spouse can both stand to benefit if you approach the matter with genuine regard for protecting the assets that matter most to each of you.