Trusted Postnuptial Agreement Attorney in Los Angeles, CA
When spouses own businesses, investment accounts, or real estate, financial arrangements can become especially important during marriage and divorce. Postnuptial agreements allow married couples to decide how certain assets should be treated and divided. A knowledgeable Los Angeles postnuptial agreement lawyer can guide you through drafting or reviewing a comprehensive agreement that reflects your financial situation and protects your rights.
Experienced Family Law Representation at Kramer & Zitser, LLP
At Kramer & Zitser, LLP, founding members Brian J. Kramer and Diana P. Zitser are Certified Family Law Specialists with over 50 years of combined experience handling high-net-worth family law matters.
We represent executives and entrepreneurs throughout Los Angeles whose financial arrangements need careful consideration. We prioritize discreet negotiation and practical resolutions when feasible, though we’re prepared to aggressively litigate contentious matters if required.
Understanding California Postnuptial Agreements
In California, spouses may enter into legal agreements during marriage regarding their property. These marital contracts, known as postnuptial agreements or postnups, are put in place after a couple is married. These contracts can outline financial rights and obligations between spouses. Postnups are similar to prenuptial agreements except they’re entered into after marriage.
A postnuptial agreement can outline whether specific assets are to be considered separate property. They can address debt responsibility and account for future income or earnings. Investment accounts held in joint names can also be addressed in a postnup.
It’s important to note that postnuptial agreements cannot predetermine child custody outcomes. Additionally, a postnuptial agreement cannot limit a court’s ability to review child support obligations under California law.
California Laws Regarding Postnuptial Agreements
California law allows spouses to enter into agreements regarding their property. However, spouses entering into postnuptial agreements should understand the following postnup laws. California Family Code § 721 states that spouses owe one another fiduciary duties. This means spouses must demonstrate the utmost good faith and fair dealing toward each other.
Neither spouse can take unfair advantage of the other when transacting together. Under California Family Code § 852, unless another statute specifies otherwise, a written declaration must be made or accepted by the spouse affected by the change.
Essentially, if one spouse is trying to change the characterization of community property, there must be an express declaration that the other spouse agrees to. Because spouses have fiduciary duties to each other, an agreement giving away a spouse’s interest in valuable community property may be contested if undue influence is involved.
If you were not wealthy at the time you got married but have accrued wealth as a married couple, a postnuptial agreement can protect your assets, such as:
- Business ownership
- Real estate
- Investment properties
- Inherited wealth
- Investment accounts
Postnups can be used to characterize certain ownership interests. Issues of appreciation and contributions made during marriage can also be addressed. Additionally, contributions each spouse made to any increases in wealth can be discussed.
The Importance of Financial Planning
Median housing sale prices in Los Angeles help explain why characterization of property could mean significant financial differences for spouses.
The U.S. Census Bureau reported that between 2020 and 2024, the median value of owner-occupied housing units in Los Angeles County was $834,200. The owner-occupied housing rate in Los Angeles County was 45.9% during this time. The typical owner-occupied household pays $3,160 monthly for housing costs if there is a mortgage loan.
While this data is not specific to high-end real estate or investment properties in California, it gives an idea of the financial stakes involved. Couples with multiple properties or investment accounts may face extreme disagreements if there is uncertainty around characterization of the assets.
When to Hire a Postnuptial Agreement Lawyer
You should hire a postnuptial agreement lawyer before signing any agreement that could financially impact you. If you own a closely-held business or receive significant income from stock options, having an attorney review your postnuptial agreement is highly advised.
An experienced Los Angeles postnuptial agreement attorney can protect your rights by reviewing financial disclosures and identifying provisions that may be unenforceable. Your attorney can draft provisions that address ownership interests specific to your situation.
Courts in Los Angeles hear contested family law cases at various locations. For a postnuptial agreement case filed in the Los Angeles Superior Court, one family law courthouse is the Stanley Mosk Courthouse located at 111 North Hill Street, Los Angeles, CA 90012, near Grand Park.
FAQs
How Much Does a Postnuptial Agreement Cost in California?
The cost of a prenuptial agreement in California varies based on the complexity of the parties’ financial affairs and how much negotiating needs to take place. The cost of prenuptial agreements ranges and can become more costly when there are businesses, extensive investments, and multiple homes involved. Additional costs might include attorney fees for each party.
Does California Recognize Postnuptial Agreements?
Yes, California recognizes postnuptial agreements. Assuming the parties executed their agreement properly, courts are likely to enforce these agreements if they are not subject to defenses like fraud or undue influence. Legally speaking, spouses owe fiduciary duties to one another and specifically the duty of good faith and fair dealing.
What Should Be Avoided in a Postnup?
A list of things you shouldn’t include in a postnup agreement includes unclear provisions regarding finances, failure to disclose all assets, and provisions that disproportionately benefit one spouse. You cannot include modifications to child custody arrangements, nor can you include provisions that exempt either spouse from child support obligations under California law.
What Voids a Postnuptial Agreement?
Fraud, coercion, and duress can all cause a California court to void a postnuptial agreement. Additionally, if your postnuptial agreement violates California law or public policy, a court may invalidate it. Alternatively, if your postnuptial agreement fails to meet the legal standards for transferring property rights, that specific part of the document could be deemed invalid.
Contact Kramer & Zitser, LLP Today
Kramer & Zitser, LLP is a combination of two senior attorneys who have experience advocating for clients’ rights and needs. We can assist you in your case. Contact us today for a consultation and to learn about your legal options.
