Atlanta Spousal Support and Alimony in Postnuptial Agreements Attorneys
If you are married, you may wonder if a prenuptial agreement would have been a good document to establish. While this type of agreement can be in place before getting married, it doesn’t mean you’ve missed your chance. You also have the option of creating a postnuptial agreement. Establishing a postnuptial agreement doesn’t mean you’re anticipating divorcing your spouse. Instead, it can be a tool for protecting what is important to you. Many couples set forth expectations regarding specific issues that might arise in the event of divorce, like spousal support, alimony, and more. Here, we’ll discuss what that means and how you could establish a postnuptial agreement to cover these issues.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract a married couple enters after their wedding vows. It’s similar to a prenuptial agreement, with the exception of when the contract is executed. A postnuptial agreement details how assets and property would be divided in the event of a divorce. This can be particularly useful in cases where one spouse brought a significant amount of assets or net worth to the marriage. A postnuptial agreement can include specifics of distribution for various properties, including:
- Retirement accounts
- Savings accounts
- Real estate
- Family heirlooms
A good postnuptial agreement can make a divorce much more straightforward. In addition, it can significantly reduce costs, conflicts, and associated stress. Since many specifics have already been settled, it can also help reduce the amount of emotional turmoil or drama.
A postnuptial agreement must be drafted properly. Some specific requirements and procedures must be followed. These can be complex and necessary for the agreement to be valid and enforceable. There may also be tax implications. You need an experienced attorney who understands the issues and how to create an agreement covering your specific needs and concerns.
How Does a Postnuptial Agreement Affect Spousal Support and Alimony?
The terms alimony and spousal support essentially mean the same thing. These refer to court-ordered payments that one spouse makes to the other spouse when the marriage ends in divorce. This is typically done to help a spouse who did not work during the marriage.
For example, one spouse may have refrained from working to care for the home and children. Alimony can also apply in cases where there is a significant difference in how much each spouse earns. The intent is for the alimony to help the receiving spouse be able to support themselves financially.
This may include getting higher education, training to re-enter the job market, and learning how to be self-sufficient. Many factors can affect whether alimony is awarded and, if so, how much. Alimony is typically awarded temporarily for a specified amount of time. Sometimes, it could be permanent, although this is increasingly less common.
A postnuptial agreement can spell out how alimony or spousal support would be handled during a divorce. This may include certain conditions for one spouse to receive alimony. It could also specify amounts and durations thereof.
In some cases, spouses might decide to create a postnuptial agreement if something happens to warrant one. An example of this is that one spouse may have had an affair. It could also be that they exhausted the couple’s savings through gambling. In these instances, the affected spouse may initiate the postnuptial agreement. They may structure the contract to include specifics about alimony. This could include the spouse who committed the offense would not receive any alimony or spousal support in the event of a divorce.
How We Can Help
Kessler & Solomiany, LLC has been in business for more than 30 years. Since 1991, we have been practicing family law in Georgia. We understand how legal instruments such as postnuptial agreements can affect you and your future. We are here to help people just like you protect what matters most.
We have extensive experience handling a wide range of family law matters. These include divorce, mediation, child custody, appeals, and protective orders. We are well-versed in the future legal implications of decisions made today. Our legal team’s resources and depth of knowledge are prepared to help you in any family law need you may have.
We understand that you may have questions, and we are ready with answers. Our attorneys can also address any concerns you may have during an initial consultation. No one likes surprises, especially regarding legal fees or how much time a legal matter may take. Our lawyers will let you know what to expect in terms of duration and cost. We proudly share the testimonials of our prior clients. This is the endorsement that matters most to us because our clients are the reason why we do what we do.
Contact Kessler & Solomiany, LLC Today
Considering a postnuptial agreement may feel uncomfortable. It can seem as if this implies that you are planning for the marriage to end in divorce. This is far from true. A postnuptial agreement can spell out contractual details so you can be assured that your future is protected in the event of a divorce.
Call us at (404) 688-8810 to speak with a Kessler & Solomiany, LLC divorce attorney today. You can also submit a contact form online, and we will be in touch as soon as possible. We are ready to help you make the best decision for your future.
Our hope for you is that you never need to use a postnuptial agreement. Ideally, your marriage will last a lifetime. However, it will serve you much better to have a postnuptial agreement and not need it than the other way around. Let our Atlanta postnuptial agreement lawyers put your mind at ease so you can focus on your blissful married life together.