A postnuptial agreement can indicate the amount of debt each party brought into the marriage and clarify that the party who brought the debt is solely responsible for it. Clarification of debt from before the marriage.A postnuptial agreement can set out whether or not spousal maintenance is to be paid in case of divorce as well as the amount and the duration of such payments. A couple could agree that the house is to be designated as marital property in a postnuptial agreement. A postnuptial agreement can designate property to be separate or marital even if it does not follow the property categories of New York law.įor example, if the husband brings a fully-owned house into the marriage, it would normally be considered to be separate property.
Defining marital property: A postnuptial agreement can designate what is to be considered marital property.This would probably be considered to be marital property unless the couple agrees otherwise in a postnuptial agreement.
A postnuptial agreement can define separate property so there is no confusion about it becoming intermingled with marital property.įor example, the wife could inherit money, normally separate property, and put it into a joint account. It belongs to them in case of divorce, unlike marital property acquired during the marriage which a court would distribute between the spouses.
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