You and your spouse chose not to get a prenuptial agreement when you were engaged, but things rarely stay the same as they once were. Perhaps the assets of one partner have dramatically increased since the wedding. Maybe the partner who is not the primary earner has become concerned about what might happen to them if the marriage were to end. Whatever the reason, you are now wishing that you had set up a prenuptial agreement.
Is it too late?
The answer is yes, it is too late to get a prenuptial agreement after the marriage has begun. However, you are not out of options. You can still get a postnuptial agreement, which acts the same as a prenuptial agreement. The only difference is when you and your partner have chosen to pre-decide the terms of a possible divorce.
A postnuptial agreement would allow you and your spouse to decide how to distribute assets during a divorce. You can also consider what a fair amount of monthly spousal support might look like. You will not be able to use a postnuptial agreement to dictate the terms of child support or custody, however. A nuptial agreement of any kind only deals with the parties involved in the marriage.
If you and your spouse have decided to create a postnuptial agreement, make sure to hire separate representation. Sharing a lawyer in this instance would be a conflict of interest. You both should have the advice of an experienced lawyer who is looking out for you and only you. That way, you can make a postnuptial agreement that leaves you both feeling secure in the marriage.