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How might a postnup help my marriage?

You have probably heard of a prenuptial agreement. But a less common option, often reserved for those who did not agree to a prenup, is something called a postnup. While it is similar to a prenup, in many cases it is created when divorce is imminent in order to detail what assets are marital property and how they should be divided in the event the marriage does come to an end.

But is there ever a time when a postnup could actually help a marriage that is struggling to remain viable? Some believe it can. One argument for the redemptive powers of a postnup is that financial factors can be major stressors on a relationship and in forcing the couple to sit down and solidify all assets and debts, devise a plan and remove the uncertainty from the future, you may take some of the power away from the stressors.

A postnup will look at what is held individually by each party and what is jointly owned. Who is liable for debt and is it in only one's name or both parties'? In blended families, what support is given to other family members and does anyone have any special needs? How long will the support be given? Does each spouse have a role in any business dealings? What is that role? What is the allocation of earnings? Is one spouse spending more and the other saving more? All of these questions have the ability to generate a conversation that could be therapeutic.

Whether you are working on saving a marriage or determined to end one, you may strongly benefit from the help of a California family law attorney.  The right advocate can provide the invaluable counsel you may need to make sure your financial future is sound, regardless of your marital future.

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Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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