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so a postnuptial is essentially a
prenuptual agreement it just occurs
after the marriage and it still requires
the same um legal requirements as a
prenuptial agreement the main time I see
people use a postnuptial agreement is
when again they’re looking to protect
against what the default of New York
State could be so a second marriage
perhaps especially if you have children
from the prior marriage you’re looking
to address certain State waiver issues
of what would happen God forbid you died
so in New York we have what’s called a
right of election you can’t disinherit
your spouse but maybe in a second
marriage you’re okay with that because
you want the children of your prior
marriage to be the beneficiaries so you
could use a postnuptial agreement for
that in certain business interests or uh
other things that you wouldn’t want New
York state to do the defaults on what
would happen in the events of divorce
you can control for that in the postnup
agreement similarly like you could have
done in the preup full ab
Westchester, NY family law attorney Andrea B. Friedman talks about the situations in which a couple should consider a post nuptial agreement.