Call To Begin A Consultation
Prior Lake952-226-2015
View Our Practice Areas

Should a postnup accompany any stay-at-home parenting agreement?

When a married couple makes the decision to have children, it goes without saying that there will be more than a few changes in their lives. For instance, the couple will have to make a very important decision concerning daycare: Will they pay someone to take care of their children during the day or will one of the parents decide to leave their job to become a full-time daycare provider?

While this sounds like an understandably inviting proposition to many parents, experts say that it's nevertheless important for these prospective stay-at-home parents to consider what happens in the event they divorce from their spouse.

That's because there is a distinct possibility that the divorce settlement ultimately reached will not fully account for the career sacrifices they made and/or their inability to simply resume work at the same salary level.  

What then can stay-at-home parents do to adequately protect their best interests? 

According to experts, stay-at-home parents may benefit considerably from the execution of a postnuptial agreement.

For those unfamiliar with postnuptial agreements, they are essentially the same as prenuptial agreements, meaning they are legally binding contracts that set forth certain rights and expectations in the event of divorce. The only difference is that a prenuptial agreement is executed before the marriage and a postnuptial agreement is executed after the couple is already married.

While the idea of executing a postnuptial agreement may not sound like the most inviting or romantic proposition, experts argue that taking this extra step can actually go a long way toward strengthening a marriage.

That's because it allows the stay-at-home parent to feel confident about their decision moving forward, and, more importantly, know that their working spouse has a real understanding and appreciation for all the hard work that they are doing raising the children.

From a more practical standpoint, experts say, a postnuptial agreement ensures that a stay-at-home parent's decision to leave the workplace at a time when their career is perhaps poised to take off won't go unfairly compensated. Furthermore, it provides peace of mind to the stay-at-home parent, as they know they will have a buffer to offset the salary cut they will most likely have to take if forced to re-enter the workforce post-divorce.

What are your thoughts on stay-at-home parents executing postnuptial agreements?

If you would like to learn more about prenuptial agreements, divorce or other family law issues, you should strongly consider consulting with an experienced attorney who can outline your options and explain your rights.

Source: CNBC, "Why stay-at-home moms need a 'postnup'," Jeff Landers, Dec. 21, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

We Can Help Ask us how - please call our family law offices at 612-200-2822 or fill out the form below to arrange a consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Offices Conveniently located in Minneapolis and Prior Lake
  • Minneapolis Office
    2100 Fifth Street Towers
    100 South Fifth Street
    Minneapolis, MN 55402

    Toll Free: 800-219-0858
    Phone: 612-200-2822
    Fax: 612-605-0968
    Minneapolis Law Office Map

    Prior Lake Office
    14093 Commerce Avenue
    Prior Lake, MN 55372

    Toll Free: 800-219-0858
    Phone: 952-314-2617
    Phone: 952-226-2015
    Fax: 612-605-0968
    Map & Directions

  • Minneapolis Office Map
    • VISA
  • Prior Office Map