Prenuptial Agreements vs. Postnuptial Agreements

The biggest difference between a prenuptial agreement (prenup) and a postnuptial agreement (postnup) is timing. A prenup is created before a couple gets married, while a postnup is created after a couple is already married. While that is the most obvious difference, it is not the only one that matters when deciding which option may be right for your situation. 

At Conniff & Keleher, LLC, our Chicago and Oak Park family law attorneys help clients understand how these marital agreements work, what they can cover, and what they cannot include.

Prenup vs. Postnup Comparison (Quick Overview) 

A prenuptial agreement: 

• Is signed before marriage 
• Can outline property division and financial terms if divorce or death occurs 
• Is often used when one or both spouses have significant assets, debt concerns, business ownership, or children from a prior relationship 

A postnuptial agreement: 

• Is signed after marriage 
• Can clarify how marital assets, separate assets, and debts should be handled 
• Is often used when finances change after marriage, spouses want additional clarity, or a prenup was never completed 

What Is a Prenuptial Agreement? 

A prenuptial agreement is an agreement made before a couple gets married that outlines how their assets are to be divided if they were to get divorced or if one spouse were to pass away. Some people feel a prenup is unromantic, while others see it as a practical way to plan ahead, especially for couples who have individual assets or children from previous relationships. 

What Can Be Included in a Prenup? 

A prenuptial agreement may address topics such as: 

• Distinctions between separate property and marital property 
• Protections against the other spouse’s debts 
• Terms designed to provide for children from previous marriages 
• Protections designed to keep family property in the family 
• Protections for estate plans 
• Instructions on how property should be distributed in the event of divorce 

What Cannot Be Included in a Prenup? 

A prenuptial agreement cannot include: 

• Terms detailing anything illegal 
• Decisions regarding child support or child custody 
• Terms that could encourage divorce through financial incentives 

What Is a Postnuptial Agreement? 

Once you are married, the way property is treated can become more complex, especially when assets are acquired or combined during the marriage. A postnuptial agreement is similar to a prenup in that it allows you to create an outline for how assets should be divided in the event of divorce or the passing of a spouse, but it is created after marriage. 

Some couples opt for a postnuptial agreement simply because, through the excitement of planning their marriage, they never considered a prenup but still recognize the value of an agreed-upon plan for asset division. 

What Can Be Included in a Postnuptial Agreement? 

A postnuptial agreement may include: 

• Division of property and assets after divorce 
• Limitations for spousal support 
• Division of debts (mortgage loan, credit card debt, etc.) 
• Instructions for handling assets following the death of one spouse 

What Cannot Be Included in a Postnuptial Agreement? 

A postnuptial agreement cannot include: 

• Terms for child support and child custody 
• Terms detailing anything illegal 

What’s the Bottom Line? 

Some people worry that a prenup or postnup invites negativity into a marriage, but that does not have to be true. People and circumstances can change over time. If spouses eventually separate or if one spouse passes away, a prenuptial or postnuptial agreement may help reduce uncertainty, financial stress, and disputes. 

Rather than viewing these agreements as a bad omen, many couples see them as a way to protect both spouses and create clearer financial expectations. 

Consult a Family Law Attorney 

Conniff & Keleher, LLC of Chicago and Oak Park invites those who may be unsure whether a prenup or postnuptial agreement is right for their marriage to contact us for a consultation. An experienced family law attorney from our team can discuss your options in greater depth and draft a marital agreement that addresses your goals.