Can You Get a Prenup After Marriage? Yes, and Here’s Why You Should
- Michael Capleone, Sr.
- 3 days ago
- 5 min read
What Is a Prenuptial Agreement? A Clear, Modern Explanation
A prenuptial agreement—often called a “prenup”—is a legally binding contract entered into by two people before they get married. It outlines how assets, debts, property, and sometimes even spousal support will be handled in the event of divorce, separation, or death.
In short: it’s a pre-marriage financial blueprint.
Why Do People Get Prenups?
Contrary to old stereotypes, prenups aren’t just for the ultra-wealthy. People today use prenuptial agreements for a wide range of valid, practical reasons, including:
Protecting premarital assets (like a home, business, or inheritance)
Defining debt responsibility
Shielding children from previous relationships
Ensuring clarity and fairness around property division
Reducing the financial and emotional cost of divorce
It’s not about distrust—it’s about being realistic, respectful, and prepared.
What’s Included in a Prenup?
While every agreement is different, most prenuptial agreements cover:
Division of property and assets
Allocation of debts
Spousal support/alimony terms (if any)
Ownership of family heirlooms or businesses
Rights to retirement accounts, life insurance, or real estate
However, prenups cannot decide child custody or child support, since those decisions must be made based on the child’s best interests at the time of divorce.
Are Prenups Enforceable?
Yes, when properly drafted. For a prenuptial agreement to be legally enforceable, it typically must be:
In writing
Voluntarily signed by both parties
Fair and reasonable at the time of signing
Fully disclosed (meaning both parties are transparent about their finances)
Executed with time for thoughtful consideration (not under pressure right before the wedding)
Some states have additional rules, and Alabama law may treat prenups differently than other states—so it's critical to speak with a family law attorney familiar with your jurisdiction. A prenuptial agreement is not a prediction of divorce. It’s a tool of clarity—a mutual understanding that helps couples start marriage on solid legal and financial footing. If done right, it can foster open communication, trust, and peace of mind. Many people are surprised to learn that you can create a marital agreement after the wedding. Known as a postnuptial agreement, this document functions similarly to a prenuptial agreement and offers valuable legal protections for both spouses.
Why Get a Postnuptial Agreement?
Change in Financial Status One spouse receives an inheritance or starts a business and wants to ensure clarity in asset distribution.
Rebuilding Trust If the marriage has experienced infidelity or financial betrayal, a postnup can help restore trust.
Clarifying Responsibilities Couples may want to clearly define how debt, expenses, or property will be handled moving forward.
Estate Planning A postnup can align with a couple’s estate planning goals and provide protection for children.
Avoiding Future Litigation Much like a prenup, a postnup can reduce the risk of contested litigation during a divorce.
Requirements for a Valid Postnup
Written and signed by both parties
Voluntarily entered into without duress
Full financial disclosure
Fair and reasonable terms at the time of signing
Alabama-Specific Note: Under Alabama law, courts scrutinize postnuptial agreements carefully. It’s essential to ensure both parties had time for legal review and consented freely. When Is the Right Time for a Postnup? As soon as a triggering event occurs—inheritance, business venture, new debts—it’s wise to draft a postnup to prevent later conflict. Final Word Postnuptial agreements are not a sign of trouble. They’re a sign of maturity, foresight, and a desire to keep your marriage—and your future—on solid legal ground.
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—Written by Michael L. Capleone, Esq. | Alabama Family Law Attorney | All rights reserved.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond.
These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.
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For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only.
This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
