Prenuptial and postnuptial agreements are both helpful for protecting assets and setting clear financial responsibilities in a marriage. But what’s the difference, and when is each one right for you?

Prenup vs. Postnup: Timing is Everything

The key distinction between a prenuptial and postnuptial agreement is simple.  A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after marriage. Both agreements outline how assets will be divided and how financial matters will be handled in the event of a divorce, disability and death.

Reasons for Choosing Each Agreement

Both prenups and postnups can help couples clarify financial responsibilities, but the reasons for entering into each often differ slightly:

  • Prenuptial Agreements: Prenups are frequently used when one or both parties bring significant assets, debts, or complex finances into the marriage. They are also popular among individuals with family-owned businesses, real estate, or future inheritance they wish to protect. Prenups are ideal for clarifying how these assets should be treated in case of divorce or separation, often easing any anxiety around financial matters early in the marriage.
  • Postnuptial Agreements: Postnups can be helpful for couples who didn’t consider a prenup but later find they need to define financial obligations. Common reasons include changes in financial status, the launch of a new business, inheritance received during the marriage, or changes in personal or family dynamics. A postnup can also help address financial concerns that may arise during the marriage, providing clarity and helping to reinforce trust between partners.

Which Agreement Is Right for You?

Choosing between a prenuptial and postnuptial agreement depends largely on timing and your personal circumstances. If you’re considering setting clear financial expectations before the marriage, a prenup is likely your best option. However, if you’re already married and want to have a formal agreement to establish financial responsibilities and address how financial matters will be handled in the event of a divorce, disability and death, a postnup offers these protections.


At Friedman, Grimes, Meinken & Leischner PLLC, we advise clients on both prenuptial and postnuptial agreements, tailoring the agreements to each party’s unique circumstances. We help protect your interests through preparing agreements that are reflective of your specific needs.

If you’re considering a prenuptial or postnuptial agreement, contact us today to secure your financial future.