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Postnuptial Agreements

Westport Postnuptial Agreement Lawyers

Seasoned Legal Help in Fairfield County, CT

A postnuptial agreement, like its prenuptial counterpart, is a legal contract between spouses that outlines the division of assets, property, financial responsibilities, and other vital issues in the event of a divorce, separation, or death. 

However, unlike a prenuptial agreement, a postnuptial agreement is entered into during the marriage, allowing couples to address or redefine their terms after the wedding. These agreements benefit couples seeking clarity, financial security, and peace of mind during their marital relationship. 

At Ferro, Battey & Eucalitto, LLC, we help clients craft legally sound and meticulously tailored postnuptial agreements. We understand the sensitive nature of this issue and can provide experienced guidance in negotiations and drafting.

Discuss your needs with a Westport postnuptial agreement attorney by contacting us online or at (475) 264-4362. Our service areas include Darien, Norwalk, Wilton, and New Canaan.

Why Would You Need a Postnuptial Agreement? 

Various reasons can cause couples to create postnuptial agreements. For some, life circumstances change significantly after marriage—for example, a sudden inheritance, a business startup, or a change in financial status. A postnuptial agreement allows both parties to adjust to these changes by defining how the newly acquired assets or responsibilities will be handled. 

Additionally, couples who may not have entered into a prenuptial agreement but wish to address financial matters later in their marriage can benefit. These agreements can also be helpful in situations where marital strain has occurred, providing clarity and structure, potentially alleviating financial disputes and fostering improved communication. 

Issues That Can Be Addressed 

A postnuptial agreement can address a wide range of issues, including but not limited to: 

  • Division of marital and separate property 
  • Allocation of financial responsibilities, such as paying debts 
  • Provisions for alimony in the event of a separation 
  • Protection of business assets or family inheritances 
  • Financial arrangements related to children from prior relationships 
  • Designating responsibilities for major financial decisions and purchases 
  • Estate planning considerations, including the distribution of property and financial assets 

These agreements are highly customizable to meet each couple's unique needs and circumstances. 

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Have Questions?

  • What is alimony?
    Alimony is a court-ordered payment from one party to another. There are several factors that come into play when determining if one party should be granted alimony including, but not limited to, the length of the marriage, the amount and sources of income, and the causes for the breakdown of the marriage. Connecticut does not have alimony guidelines, which means that the decision to award alimony, including the duration and the amount, is entirely in the judge’s discretion.
  • How long will the divorce process take?
    It depends. If the parties have an agreement on all issues and meet certain other conditions, they may get divorced as soon as 35 days from the date the divorce starts. However, that is atypical. Depending upon the contentiousness and complexity of the case, the case could last a year or more.
  • How are child support obligations determined?
    In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income.  To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
  • What is the difference between a divorce and a legal separation?
    Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common.

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