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Protecting your investments with a postnuptial agreement

On Behalf of Rudolph & Associates LLC | Jun 16, 2020 | Divorce

When you got married, you decided not to use a prenuptial agreement. For one thing, you worried that your spouse would find the suggestion difficult. Your career also hadn’t really taken off at that point, so it felt less important. You both worked and lived an average lifestyle.

Since then, though, your career has flourished. Your spouse quit working to take care of the children. You’ve taken a massive portion of your wealth and put it into investments. You believe that if everything goes well for the next five or 10 years, you’ll be able to retire young. You’ll even make enough that your children will be set for life.

With so much on the line, you’ve started worrying about a divorce. You worked hard for this. It’s a once-in-a-lifetime opportunity. If your spouse files for divorce, is he or she going to take a significant portion of your investments since they’re marital assets? Cashing them out and splitting them up would ruin your investment plan and your projections for the future. So would transferring those investments to your ex. You must protect your future, but how can you do it?

One option is to use a postnuptial agreement. These are very common with those with high levels of wealth, and they can be drafted specifically to give you the protection you’re after. You and your spouse will both have to agree to the terms, and you can’t do anything regarding custody of your children, but you can work to protect your wealth and your investments in the event of a divorce. That, in turn, protects your future.

When setting this up, it’s important to work with an experienced legal team.

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