Can You Renegotiate a Prenup?

You married someone who had their own business or substantial wealth, so you weren’t surprised when they asked for a prenuptial agreement. You thought the terms were fair, so you willingly signed it.

Then, things changed. Maybe you started working for the family business in a largely unpaid capacity. Maybe you’ve helped your spouse acquire new wealth through your unwavering support or other efforts. Maybe you simply feel that — a decade or more following your trip down the aisle — that you’ve earned more than the share you’ve been allotted in the existing agreement.

Can you renegotiate? Absolutely.

Prenuptial agreements aren’t necessarily set in stone, and many wealthy couples find themselves back at the negotiating table after changes in their lives make the old prenup seem outdated. According to recent reports, for example, Melania Trump recently renegotiated her prenup following the 2016 presidential election.

Her actions aren’t unusual. Postnuptial agreements can be used to replace a prenup, as long as both parties are willing. Like prenups, postnuptial agreements aim to set the terms for how issues like spousal support and the division of the marital assets will be handled in the event that the marriage crumbles.It’s wise to renegotiate after the birth of a child when your spouse has a blended family, your spouse has taken on greater business or personal debts, you’ve become more integral to the family business, you’ve stopped work to care for a child or any other major life change.

If you’re uncertain whether or not you should renegotiate the terms of your agreement with your spouse, it may be time to discuss the issue with an experienced advocate.

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