There's a rumor Beyoncé and Jay-Z have one—so, should you?
Presumably there are many still-married celebs and one-percenters out there with post-nups—there's athat Beyoncé and Jay Z have one that includes hefty financial penalties for infidelity. And some evidence suggests that, like pre-nups a generation ago, post-nups may be gaining wider acceptance among the 99 percent, too.
"Transmutation is not a binary thing," says Kretchmar."It's a matter of whether a spouse has developed some claim to the asset. A year's worth of contributing to mortgage payments, well, that doesn't mean one spouse co-owns the house outright. But if it's appreciated by $100,000 during that year, according to an appraisal, maybe they own part of that increase in value.
"But, you know, I guess I didn't have a reason not to sign it," Suzanna says."And I felt like the fallout of not signing it would be pretty significant. I didn't want it to become a relationship-ender. It wasn't a point I was willing to sacrifice the relationship on. The relationship was important to me. So I signed it."
Josh King, chief legal counsel for online legal marketplace Avvo, cautions that many post-nups are signed in less-than-rosy circumstances."These documents arise in almost every case in situations that are adversarial," says King."You're not going to go home to your happy marriage and say, 'Hey, I don't have a lot to do tonight. Let's negotiate a post-nuptial agreement.' It's almost always going to happen in a situation when something has gone wrong.
In California, post-nups have wide acceptance when it comes to deciding what is marital and what is separate property—but not spousal support, which is the money sometimes paid by one spouse to another after a divorce. This is because support is seen as something for a court to decide in accordance with state law, says Los Angeles-based family law attorney Steve Mindel, a partner at Feinberg, Mindel, Brandt & Klein.
The failure to disclose assets, unconscionability, the presence of any coercion or duress, and any misconduct in how the agreement was reached , can all invalidate a post-nuptial agreement. But there is so much case law on post-nups in New York, says Kretchmar, that the standards for"duress" and"coercion" have become hard to meet. Proving overreaching is also rare.
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