You probably didn’t know enough about your potential inheritance when you get married to worry about protecting it. It is only years into your marriage when your parent passes away that you realize the value of their estate.
They left their property for you specifically, not for you to share with your spouse. It is only natural for you to want to protect that property even if you hope your spouse will also benefit from it. While you may expect to remain married for the rest of your life, your inheritance could be vulnerable if you divorce later.
A postnuptial agreement can be a way for you to protect your inheritance if you do get divorced.
How does a postnuptial agreement help?
One of the biggest benefits of drafting a postnuptial agreement is that you can establish your inheritance as separate property. In your postnuptial agreement, you can include many specific terms about your marriage and your assets.
You and your spouse might talk about future spousal support and property division decisions. You may both have certain belongings, such as your inheritance, that you want to protect as separate property. Negotiating terms that protect both of you and signing an agreement now will help ensure that your inheritance isn’t vulnerable if your marriage ends through divorce rather than death.
A postnuptial agreement also helps preserve your inherited assets because it will lead to a faster divorce, which can reduce how much you must invest to end your marriage. At the same time that you draft your postnuptial agreement, you can also learn about commingling it to reduce secondary threats to your Inherited property. Signing a postnuptial agreement can be a smart step for those anticipating a significant inheritance.
