Post nuptial agreements…an alternative to divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Say you are married three years f or the third time. Last week, you inherited a fortune from your rich uncle in New York.  You want your money to be left to your children from your first marriage.  Your third and current wife disagrees.  What to do?

Get her to sign a post nuptial agreement or face divorce court.  Chances are, she’ll sign.   Unlike a pre nuptial agreement, which is negotiated and signed prior to the marriage, a post nuptial agreement is signed after the wedding to avoid the consequences of divorce.  Post nuptial agreements can change the terms of a pre nup, or can extend the marital relationship by adding new terms as new circumstances develop.  Of course, if a spouse refuses to sign a post nuptial, the recourse is divorce.

Remember, post nuptial agreements are NOT testamentary documents.  In the example above, the money will not automatically go to the children unless there is a will or a trust or some other testamentary document.

For more information about this or other family law topics, please call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

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