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The importance of prenups and postnups for stay at home mothers


There are many things to consider when it comes to entering a relationship. Marriage requires the same thought process, and several married couples in Massachusetts consider written instruments to help instill the decisions they made prior to or during the marriage. A prenuptial agreement and postnuptial agreement can help layout important factors and could end up to be a very crucial document in a divorce. Whether it is property division or the amount of spousal support an ex will receive, these agreements could help lower disputes during the dissolution of a marriage.

A recent article emphasized the importance of either instrument. While the popularity of prenuptial agreements have grown, postnuptial agreements should be highly considered by some, especially those who have given up a career during their marriage to have children. A stay at home mother should be protected, and if they left a high paying job to start and care for their family, they should have that condition negotiated in a document.

Without a document laying out a fair agreement, some ex-spouses, especially those who left their lucrative career to be a caregiver, might get the short end of the stick. Divorce often brings emotions, challenges and spite. Out of anger, a soon-to-be ex-spouse might seek to ensure that they get nothing in the divorce.

Stay-at-home mothers will need to regain their footing after a divorce, and obtaining spousal support after a divorce is one way to ensure that they can maintain their lifestyle while they try to reenter the workforce. Even if a couple expects to never divorce, a postnuptial agreement could ensure that this is protected.

Those who are considering drafting a prenuptial or postnuptial agreement should understand how to properly draft the instrument and what should be included. In addition, they should make sure that it is enforceable. Those who are trying to enforce these documents should seek advice in order to understand their options while also protecting their rights and interests.

Source: The Daily Beast, "Why Stay-at-Home Moms Should Demand Postnuptial Agreements," Keli Goff, Dec. 3, 2013

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