Why Consider A Postnuptial Agreement? 

 Posted on March 26, 2025 in Asset Division

When you first got married, you may not have had a lot of money and never considered divorce as remotely possible. So, you did not obtain a prenuptial agreement. Years later, you might have significant assets and worry about what could happen to your finances if you divorce.

At Weiler & Associates, Inc., we may recommend that you create a postnuptial agreement with your spouse. A postnup can benefit both spouses in several ways. Speak to our Illinois family law attorneys if you have follow-up questions about postnuptial agreements.

What Is an Illinois Postnuptial Agreement? 

A postnuptial agreement is a legal contract signed by both spouses after marriage. The postnup details how assets, debts, and other critical financial concerns will be handled if the couple divorces. Unlike a prenup, a postnuptial agreement deals with financial matters during the union. In Illinois, a postnuptial agreement must have these features to be legally binding: 

• It must be in writing and signed by both spouses.

• Both spouses must sign the agreement voluntarily.

• All assets, liabilities, and income must be disclosed.

• Contract terms must be reasonable and fair.

A postnuptial agreement may cover property division, allocation of debt, and alimony. Possible reasons to create a postnup include: 

Protect Your Assets

Suppose you inherit money from a deceased relative or launch a successful business during your marriage. A postnuptial agreement could establish that these assets will remain your separate property, which can shield them from asset division during divorce.

Manage Debt

Illinois has an "equitable distribution" rule for divorces. This means marital assets and debts are split fairly but not always 50/50. A postnuptial agreement can state which spouse is liable for credit card balances, student loans, mortgages, etc.

Situations Change

Life changes as we age. One spouse may decide to stay home with the children, or a couple may launch an online business. A postnup agreement can adjust how properties and finances would be handled if there is a divorce later.

Avoid a Messy Divorce

An Illinois divorce can become messy and expensive. The family court decides what is equitable based on each person’s income, length of marriage, and contributions to the home. Signing a postnup may allow a couple to avoid the financial stress and uncertainty of a divorce if it happens later on.

Boost Marital Trust

Some spouses use a postnuptial agreement to establish clear rules about money and finances, especially after infidelity or other marital problems. For many, a prenuptial agreement is a reset during the marriage. The agreement shows commitment to the union while also protecting the financial interests of both parties.

Speak to a Kane County, IL Family Law Attorney 

If you did not sign a prenuptial agreement before marriage, it is not too late. You can speak to a family law attorney about a postnuptial agreement to provide financial certainty in case of divorce. At Weiler & Associates, Inc., our St. Charles, IL divorce lawyer helps couples with prenuptial and postnuptial agreements, property division, debt division, and more.

Contact us at 630-331-9110 to schedule a legal consultation to discuss your financial situation. Attorney Weiler is a Certified Financial Litigator with extensive experience helping resolve complex financial matters in divorce.