For couples looking to dissolve their marriage as amicably as possible, a post-nuptial agreement can be a very civil way to decide how assets will be split before filing for divorce. Here is a list of what to include in a post-nuptial agreement:
All assets, income, liabilities, and expectations of gifts and inheritances should be included.
How post-marital debts will be paid.
What will happen to post-marital property gains such as appreciation, income gains, rentals, dividends, etc in the event of death or divorce.
What will happen to post-marital property in the event of death or divorce.
Who will own the marital residence and any secondary homes.
The status of gifts, inheritances, and trusts that either spouse receives, whether before or after marriage.
A clear description of how property will be divided, including real estate, artwork, jewelry, and other valuables.
Determination of alimony, maintenance, and/or spousal support, or a waiver or property settlement in lieu of support where allowed by law.
Determination of death benefits.
And a decision on medical, disability, life and/or long-term-care insurance coverage.
If you and your spouse would like to create a post-nuptial agreement, talk to a family lawyer who can help you through the process.