The Role of Postnuptial Agreements in Blended Families

 Posted on November 14, 2024 in Divorce

Sherwood Schwartz, the creator of Gilligan’s Island, happened to read an article in The Los Angeles Times in 1966 that mentioned that 30 percent of all American marriages had one or more children from a prior marriage. Schwartz’s next television creation was The Brady Bunch, a show about a husband and wife with children from previous marriages.

Blending the two families made for an entertaining television show while highlighting some of the more complex aspects of a blended family, although whether Mike and Carol had a postnuptial agreement was never a topic. Today, more than 50 percent of U.S. families are blended families, with more than 50 percent of children under the age of 13 living primarily with one biological parent and that parent’s new partner.

When all children under the age of 18 are taken into account, one in six lives in a blended family. While the goal is a harmonious family, it can take between two and five years for a blended family to establish itself. Whether you have a young blended family, your children are all grown and out of the home, or you remarried in your later years, it is important to know there are certain steps you and your spouse can take to ensure that all the children are cared for in the event of a divorce.

This can be done through a premarital agreement but may be even better done using a postmarital agreement that considers any children the couple may have together. If you and your spouse each have children from a prior relationship and you have children together, a postnuptial agreement can help ensure that a divorce will be fair to all those involved. An experienced St. Charles, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help ensure that assets remain separate in the event of a divorce.

How Can a Postnuptial Agreement Benefit a Blended Family?

When a couple works out a postnuptial agreement together while they are still a happy couple, the terms of that agreement are likely to be much fairer than a divorce agreement made when there are difficult emotions and hard feelings between the spouses. A postnuptial agreement can address blended family challenges and provide long-term stability.

A postnuptial agreement is crafted after a couple marries, whether soon after or years later. The postnuptial agreement outlines the division of assets and financial responsibilities of each spouse in the event of a divorce. A postnuptial can benefit blended families in the following ways:

• The assets of each spouse can be safeguarded to ensure fair distribution upon death.

• Potential conflicts can be minimized through a postnuptial agreement.

• Spousal support and other financial obligations can be addressed, although child support and the allocation of parental responsibilities are not addressed in a postnuptial agreement.

• A postnuptial agreement can properly address all the inheritance rights of the children in a blended family.     

When a couple can successfully navigate a postnuptial agreement with communication and respect, they immediately understand one another’s financial expectations. Since couples often fail to have these discussions, leading to misunderstandings and arguments, a postnuptial agreement is a good tool to facilitate conversation regarding financial issues.

Contact a Kane County, IL Divorce Lawyer

Creating a solid postnuptial agreement requires considering each spouse’s interests. An experienced St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC ensures the agreement will adhere to all legal standards while protecting the rights of all those involved. MKFM Law can help you get the agreement you need now and for the future. Our firm serves family law clients at our Kane County and DuPage County offices. Call 630-665-7300 to schedule your initial attorney meeting.