“Post-Nups” on the Rise

Just last month, on December 4, 2015, the final judgment of Antonio Banderas and Melanie Griffith’s divorce was filed. While we are always interested in the latest celebrity divorce news, this one caught our attention because of the substantial amount of money that Antonio will be paying Melanie in spousal support; $65,000 per month! And the real kicker is that after an almost-20-year marriage, and even though Antonio will be paying what us mere mortals would consider an exorbitant amount in support, their divorce seems to have been completely civil. Also interesting is that the couple executed a post-nuptial agreement in 2004, which delegated how the income from their individual entertainment projects for the next 10 years would be divided.

It has been reported in recent years that such post-nuptial agreements (or “post-nups”) are on the rise. Just like pre-nuptial agreements (more commonly referred to as “pre-nups”), couples can use post-nuptial agreements to agree to almost anything they want. The only difference is that a pre-nup is entered into between partners before marriage, while a post-nup is entered into between spouses after they have already married.

Couples may desire to enter into a post-nup for any number of reasons. There may be economical reasons for such agreements as well as emotional ones. For example, they have been known to be utilized by married couples facing infidelity issues. In such cases, a post-nup may be executed where a spouse agrees to pay a certain sum of money if they cheat on the other spouse. David Letterman and Tiger Woods reportedly entered into such agreements years ago when their respective cheating scandals broke.

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Other married couples may be compelled by a more economical concern than cheating spouses. They may seek a post-nup when one spouse comes into some large sum of money, or alternatively when one spouse takes on a significant debt. They can also serve to outline the way other property would be divided at divorce, and can address spousal support. In order for these agreements to be valid, they require compliance with statutory requirements.

Whether you have already entered into a pre-nup or post-nup and are now considering a divorce from your spouse, or you have questions regarding these agreements, please contact us. It is wise to seek competent and experienced legal counsel when entering into or seeking enforcement of such marital agreements. Nancy J. Bickford is the only Certified Family Law Specialist (CFLS) in San Diego County who is also a licensed Certified Public Accountant (CPA) with a Master of Business Administration (MBA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.



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