What Is a Postnuptial Agreement in Michigan?

You’ve probably heard of prenuptial agreements. But what if you’re already married and wish you had one? That’s where a postnuptial agreement comes in. If you’ve been wondering, “What is a postnuptial agreement?” you’re not alone.

Many Michigan couples don’t even know postnuptial agreements are an option until things get rocky—or until it’s almost too late. That’s when reality sets in, and people start looking for ways to get control over their financial matters.

In this blog, our postnuptial agreement lawyer breaks down what postnuptial agreements are, how they work, and why having one might save you a legal headache (or a financial disaster) down the road.

First Things First: What Is a Postnuptial Agreement?

A postnuptial agreement (or “postnup”) is a legal contract between married couples created after they’re married. It outlines how the couple will handle money, property, debt, and financial responsibilities like spousal support if the marriage ends in divorce or death.

Basically, it’s a backup plan. A plan you hope you never need. But if things go south, it can help you avoid getting stuck in a legal and financial mess.

Unlike prenuptial agreements, which couples sign before the vows, postnuptial agreements can be signed anytime during the marriage. Some couples create one after a significant life change, like having kids, starting a successful business, going through a rough patch in the relationship, or just dealing with changing financial situations.

Why Would You Even Need One?

You might think, “We’re already married—what’s the point of creating a postnuptial agreement?”

Here’s the blunt truth: marriage doesn’t make your assets bulletproof. Life happens. People change. Businesses succeed or fail. Trust gets tested. You start a company, receive a large inheritance, or your spouse racks up five figures in credit card debt. That all becomes part of your marital property unless you protect yourself.

Here’s when postnuptial agreements make sense:

• You’ve been through previous relationships and want to protect your assets this time around
• You or your spouse came into the marriage with separate wealth or ownership rights
• You inherited money or property and want to keep it separate
• One spouse racked up serious debt
• You started (or sold) a business
• There’s been infidelity, and now you’re rebuilding trust on your terms
• You want transparent and honest financial arrangements moving forward

A postnuptial agreement allows both parties to sit down, talk about what’s fair, and get it in writing before the courtroom becomes your reality. At the end of the day, this is about protecting assets and building a clear plan, not about planning for failure.

Are Postnuptial Agreements Legal in Michigan?

Michigan courts can enforce postnuptial agreements only if they meet strict legal requirements. To hold up under legal scrutiny, a postnuptial agreement must be a voluntary agreement, made without pressure or undue influence. Both parties must give full and fair disclosure of their assets, debts, and income. If one spouse was kept in the dark or pressured into signing, the court can toss it out during divorce proceedings.

Also, you can’t use a postnuptial agreement as a sneaky way to plan for divorce. Courts don’t like that. If it looks like the deal was made just to make separation easier, it might not get court approval.

Bottom line? If you’re drafting a postnuptial agreement, don’t DIY it. You need a seasoned post nuptial agreement attorney who knows Michigan’s state laws inside and out.

What Can You Put in a Postnuptial Agreement?

Here’s what a properly drafted postnuptial agreement can cover:

• How marital assets and debts will be divided in the event of divorce
• What’s considered marital property vs. separate property
• Whether one spouse pays spousal support, and how much
• Division of financial obligations
• Protection of business interests
• Life insurance or inheritance rights
• Your and your spouse’s financial future

What can’t you include? Anything related to child custody or child support. Those decisions are always up to the court based on the child’s best interests.

Is a Postnup Right for You?

Not every couple needs one. Think about your current financial circumstances. Has something changed since you got married? Has money become a stress point? Are you tired of guessing who owns what?

Here are a few red flags that scream “Call a Michigan family law attorney now”:

• You’ve been burned financially in previous relationships
• Your spouse’s spending is out of control
• You’re coming into a large inheritance
• You own business interests and want to protect them
• Your financial situations keep shifting
• Your marriage is struggling, and you’re trying to rebuild trust
• You want to avoid surprises if your marriage ends

Getting on the same page now can save you from years of regret later.

What Happens If You Don’t Have a Postnup?

If you end up in divorce proceedings, the court follows Michigan’s state laws, which don’t always split things the way you think.

Assets acquired during the marriage, including homes, retirement accounts, and even your business, might be split. Debts too. Without a postnup, you leave it up to a judge to decide how to sort out your financial issues.

A properly executed, legally binding postnuptial agreement gives you control over your future. It protects what you’ve worked for and brings peace of mind, even if the marriage never hits rough waters.

The Truth About Postnups in Michigan

Most couples don’t discuss postnups until it’s too late. But protecting your assets doesn’t mean you love your spouse any less. It just means you’re being smart.

At LaBre Law Office, we’ve helped couples across Michigan figure this out. Whether you want to protect your business, secure your kids’ future, or sleep better at night, we can help.

You don’t need to feel guilty. You don’t need to be afraid. You just need someone who knows what they’re doing and isn’t afraid to tell you the truth.

Talk to a Post Nuptial Agreement Attorney Who Doesn’t Sugarcoat It

Thinking about a postnup? A well-drafted postnuptial agreement can strengthen your relationship by putting everything on the table and avoiding future surprises. You need an experienced attorney who can tell you what’s fair, what’s enforceable, and what’s a waste of paper.

If you’re ready to talk, we’re prepared to listen. At LaBre Law Office, excellence is our standard. We’re here to protect your interests and make sure your postnuptial agreement depends on thoughtful, solid planning. Whether you’re a high-earner trying to secure your financial future or just tired of dealing with the stress of unclear financial responsibilities, we can help. We’ve worked with couples from all walks of life to draft marital agreements that are clear, honest, and tough enough to stand up in court.

Contact us at (269) 431-2058 or complete our online form to schedule a consultation with a trusted Michigan family law attorney. Let’s determine whether a postnup is the right move for your marriage—and let’s do it on your terms.

Copyright © 2025. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/