Sometimes the problem is adultery or some other malfeasance. Couples may even be living separately but want to work out some way they can stay married—for the kids, or just to avoid the hassle of a messy divorce. The agreement, Ravdin said, is essentially: "'If this doesn’t work out, and we split up, here’s what our rights and obligations are going to be at that point.'"
If one spouse feels wronged, and the other feels guilty, that can give one side an advantage in negotiations. Then again, Ravdin said, “if you drive too hard a bargain, then quite often you end up in court anyway." Divorce court judges are rarely as offended by adultery as married people assume they will be.
Do postnups actually keep couples together? They do seem to occasionally, Ravdin said, but “sometimes, it’s a stop on the way to divorce in a few years.”
Even if a postnup only delays an eventual divorce, it can still be worthwhile if a messy, expensive divorce is averted. It gives couples a chance to work out a fair deal while they’re still sort of getting along—and it’s much better than negotiating after a marriage has irrevocably ended, Ravdin said. By then, couples “can end up spending a ton of money just because they’re mad at each other.”
This article was provided by Bloomberg News.