Picture this: You’re a married couple, both with kids from your previous marriages. You experience the delicate dance of balancing your new family’s needs with the obligations and responsibilities you have towards your children from past relationships. Enter: Postnups. Postnups are marital agreements signed between a married couple who intend to remain married. They clarify financial matters, such as property ownership and financial obligations. Postnups can be a helpful tool for blended families, protecting the interests of ALL the people involved, from the children to the spouses. Let’s explore how postnups can help blended families.

Understanding the complexities of blended families

According to the US census bureau, a “blended family” is one that includes a step-parent, step-sibling, and/or half-sibling. As of 2015, about 16% of children in the U.S. lived in a blended family household. A blended family can be a beautiful new union, but it doesn’t come without its challenges—step-parent/child relationships, differing parenting styles, financial worries, etc. Implementing open communication and planning for the future (hint, hint, through a postnup) is a great way to help blended families keep conflicts at bay. 

Why postnups can be helpful for blended families

Let’s get into all of the ways that postnups can be helpful for a blended family. From protecting the kids to defining property ownership, there’s something for everyone. 

Protecting children from previous relationships (in death and divorce)

A postnup can ensure that certain assets stay with one of the spouses in the event of a divorce OR death. In a divorce, ensuring assets stay with the correct person ensures that that person’s kids’ inheritance stays intact. 

In addition, postnup can help ensure that a spouse is not able to take a portion of the deceased spouse’s estate (unless they want them to). For example, if a spouse wants 90% of their estate to go to their kids and 10% to go to their second spouse, they can do that with the help of a postnup and an estate plan. 

Defining financial responsibilities

A postnup can clarify each spouse’s financial obligations, meaning who owns what and who is responsible for what during the marriage and in the event of a divorce. This includes specifying whether assets are considered separate or marital property and how debts will be handled. It may also include who is responsible for managing certain properties and businesses while married. 

Support obligations from a previous marriage 

Postnups require financial disclosure, which means that each spouse must share their income, assets, debts, etc. This includes sharing what support obligations they have to a previous spouse, such as child support or spousal support. Support obligations don’t end when the supporter gets re-married, so they will carry those obligations into the next marriage, and it may help create transparency in the new relationship. 

Minimizing conflict in new marriages

Postnups can get ahead of potential disagreements over finances in second/third marriages. For example, postnups can preemptively address finances, inheritance, businesses, and other sensitive issues. Having a plan in place and going through financial disclosure (which provides financial transparency) can improve the marriage by reducing uncertainty and fostering trust. 

Creating support for the new spouse 

In a second or third marriage, the new spouse may feel like they are swept under the rug when it comes to the children and the previous spouse. However, through a postnup, a second spouse can feel “protected” by having certain provisions carved out for them, such as a lump sum clause.

Key considerations when drafting a postnup for a blended family

Here are some things to consider when drafting a postnup if you are in a blended family: 

• Open and honest communication: Being honest and open about your feelings during the postnup process is crucial to creating a fair and well-rounded agreement. For example, if you feel something is unfair, SAY IT! You will create more stress for yourself later if you are holding back your feelings. 
• Legal counsel: Each spouse should hire their own attorney. Speaking with a legal advocate who can help lay out your rights can help you make informed decisions. They may be able to speak on blended family dynamics and what other families do in your same situation. specializing in postnuptial agreements and blended family dynamics.
• Financial transparency and full disclosure: Financial disclosure is required for a valid and enforceable postnup. This means both spouses must share their income, assets, and debts with one another. No omitting information or hiding stuff. This also includes any support obligations each spouse has from a previous relationship. 
• Fairness: Postnups aren’t all about protecting previous relationships/children. They’re also about being fair to your new spouse. Postnups should be reasonable and fair to both spouses. In fact, leaving one spouse with nothing in a postnup can get it thrown out in some situations. 

Final thoughts

The bottom line is that blended families are beautiful unions, but they can also come with some complexities. Getting a postnup can help reduce conflict, uncertainty, and unfairness in a new, blended family. By including clauses about property ownership (to protect inheritances), what happens when one spouse dies, and support obligations from previous marriages, you can help make sure your blended family is taken care of.  So have that conversation with your new spouse and get started on your journey toward marital and familial harmony. 

You are writing your life story. Get on the same page with a prenup. For love that lasts a lifetime, preparation is key. Safeguard your shared tomorrows, starting today.

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Nicole Sheehey

Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com

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