When couples think of legal agreements involving marriage, they often think of prenuptial agreements—contracts made before tying the knot. But what happens if you’re already married and want to define financial responsibilities or clarify asset division? That’s where a postnuptial agreement comes in. Understanding postnuptial agreements in Missouri is essential for any couple considering this option.

Whether you’re experiencing a shift in your relationship, dealing with inherited assets, or simply want peace of mind, a postnuptial agreement can provide clarity and protection for both parties. Here’s what you should know about postnuptial agreements in Missouri.

What Is a Postnuptial Agreement?

A postnuptial agreement (or “postnup”) is a legally binding contract between spouses that outlines how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death. Unlike a prenup, a postnup is signed after the couple is already legally married.

Common reasons for entering into a postnup include:

• One spouse receives a large inheritance or business interest
  
• A desire to protect children from a previous marriage
  
• Rebuilding trust after marital challenges
  
• Clarifying financial responsibilities during the marriage
  
• Planning for future separation or divorce
  

Are Postnuptial Agreements in Missouri Enforceable?

Yes—but only under certain conditions. Missouri courts will enforce a postnuptial agreement as long as it meets specific legal requirements:

• Full disclosure: Both parties must fully disclose their assets, liabilities, and income.
  
• Voluntary agreement: Neither spouse can be coerced or forced to sign.
  
• Fair and reasonable terms: The agreement cannot be so one-sided that it becomes unconscionable.
  
• Proper execution: The agreement must be in writing and signed by both parties.
  

It’s worth noting that child custody or child support provisions in a postnup may be reviewed by the court to ensure they serve the best interests of the child.

When Should You Consider a Postnup?

There is no “perfect” time, but some situations commonly trigger the need for a postnup:

• You or your spouse start or grow a business
  
• One spouse receives or expects a significant inheritance
  
• You want to outline how assets would be divided in case of divorce
  
• There’s been a breach of trust and you’re rebuilding the relationship
  
• You didn’t sign a prenup and now see the benefit of clear financial terms
  

Why You Need an Attorney

Missouri law does not require you to have an attorney to create a postnup—but it’s highly recommended. A knowledgeable family law attorney can:

• Help ensure the agreement is fair and enforceable
  
• Protect your interests during negotiation
  
• Identify and address potential legal risks
  
• Provide advice tailored to your unique situation
  

Take the First Step Toward Clarity and Peace of Mind

If you’re considering a postnuptial agreement or just want to better understand your options, our experienced family law attorneys at Rogers Sevastianos & Bante, LLP are here to help. We can walk you through the process, ensure your rights are protected, and draft an agreement that aligns with your goals.

Contact us today to schedule a confidential consultation. Let’s secure your future—together.

Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.