Post-nuptial agreements and estate planning

June 2, 2017



A post-nuptial agreement is an agreement made between a married couple after the marriage concerning division of their assets in the event of divorce or separation.  Usually, couples prepare pre-nuptial agreements before they marry.  This is very popular among well-know stars and pop icons.  


A post-nuptial agreement can come in very handy for those who are in their second marriages, have children from their previous marriage, and want to be able to leave an inheritance to their children after they pass away.  They are usually concerned that all of their assets will go to their current spouse when they pass away, and that this may leave their children wanting.  In these types of cases, I recommend that the couple prepares a post-nuptial agreement so their assets can go to their intended beneficiaries.  Under Nebraska Law, a spouse cannot willingly disinherit his/her spouse from a will or a trust document.  However, if the couple agrees to a post-nuptial agreement, the spouses essentially agree to disinherit one another, thereby successfully naming the intended beneficiaries for their assets.  


Estate Planning can be a little tricky and can get complicated depending on your specific set of circumstances.  Make sure that you speak with an experienced estate planning attorney about your situation before completing your estate plan.  


** IMPORTANT UPDATE - The Nebraska Supreme Court held last year, that post-nuptial

 agreements are basically legally unenforceable in Nebraska in the event of a divorce.  **






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