A postnuptial agreement, in many ways, is similar to a prenuptial agreement. It helps define what couples will do in the event of a divorce. While a prenup is signed before the two are even married, a postnup is signed after the wedding.

For instance, perhaps you had not yet started your company when you got married. It launched a year later. Over the next decade, it grew dramatically. You may have realized that a divorce could be detrimental to the company, so a postnup may allow you to have your spouse agree to provisions that protect the company even if you decide to split up.

Below are six topics that are often included in postnups for you to consider.


One spouse may agree to give up significant assets if he or she is not faithful to the marriage.

Legal Fees

If one spouse asks for a divorce, the other spouse does not want to have to pay legal fees for a divorce he or she never wanted to start with.

Who Gets the House

This clause can also lay out who gets to stay in that home while the divorce plays out. Remember, it could take months.

Retirement Accounts

This is especially important for those who get divorced later in life. They don't want to find out they have no retirement funds at age 60.


The spouse who earns less -- or nothing at all -- wants to guarantee a certain level of income even after divorce.

Property Division

This is the most common topic that is addressed. People want to make sure they know in advance what they're going to get in the divorce.

Your Rights

If you're planning to get divorced, maybe you want to learn how to draft a postnup or how one you already wrote will impact the case. Be very sure you know your rights and how to proceed.