Bringing up a postnuptial agreement with your spouse can feel like dropping a bomb in the middle of your marriage. You might worry they will hear the word “agreement” and assume you are already planning for divorce, or that you do not trust them. At the same time, you may feel real pressure about protecting a business, children from a prior relationship, or an inheritance that is about to come into the picture.

Many couples in Nashville and across Middle Tennessee face this same tension at some point. Life does not stop changing just because you got married. A new company takes off, one spouse builds significant retirement savings, or there is a serious disagreement about spending or debt. Those changes create practical questions, for example, what would actually happen if the marriage ended, and whether there is a way to clarify the financial side without giving up on the relationship.

At The Law Office of Martin Sir & Associates, we have spent more than 40 years handling divorces, alimony claims, and property division disputes in Nashville and the surrounding counties. We regularly see how well drafted, Tennessee compliant marital agreements can shape real outcomes in court, and how quick, one size fits all forms fall apart when they are most needed. In this guide, we share what we have learned so you can decide whether a postnuptial agreement makes sense for your marriage and, if so, how to approach it in a thoughtful, informed way.

Contact our trusted family lawyer in Nashville at (615) 229-7235 to schedule a free consultation.

What a Postnuptial Agreement Is for Married Couples in Tennessee

A postnuptial agreement is a written contract that spouses sign after they are already married. In it, they agree on how certain financial issues will be handled if the marriage ends through divorce or death, or if particular events occur during the marriage. It can address how to treat property and debts, how to divide certain assets, and whether either spouse will receive alimony. The key point is timing; the couple is already married when they negotiate and sign it.

Under Tennessee law, postnuptial agreements belong to a broader category of “marital agreements,” which also includes prenuptial agreements signed before the wedding. Both types can be enforceable in Tennessee if they meet certain standards. The idea that you “missed your chance” if you did not sign something before the wedding is not accurate. Tennessee courts do allow spouses to define financial terms after marriage, but courts also look closely at how the agreement was reached and whether both people understood what they were signing.

Courts reviewing any marital agreement in Tennessee generally consider whether each spouse signed voluntarily, whether there was full and honest financial disclosure from both sides, and whether the terms were fair when the agreement was signed. Those are legal concepts, but they boil down to common-sense questions. Did both of you know what you were signing, have enough information about each other’s finances, and have a real choice? At The Law Office of Martin Sir & Associates, we have seen agreements succeed or fail on exactly these points when a divorce case reaches a Nashville judge.

It also helps to understand how a postnuptial agreement fits into Tennessee’s approach to property. As a starting point, assets acquired during the marriage are often considered “marital property,” and assets owned before marriage or received by gift or inheritance may be “separate property,” though there are important exceptions. A postnuptial agreement can clarify how you want particular assets and debts to be treated within that framework, as long as the agreement meets Tennessee’s requirements and does not go against public policy.

How Postnuptial Agreements Differ From Prenups in Practice

On paper, postnuptial agreements and prenuptial agreements can address many of the same issues. Both can define which assets will remain separate, how to divide property in a divorce, and whether one spouse might pay alimony. In practice, however, courts often take a harder look at agreements signed after the wedding, precisely because the relationship and financial dependence may have changed over time. The risk of one spouse feeling backed into a corner can be higher once lives and finances are intertwined.

With a prenup, each person can more easily walk away before the marriage if they do not like the terms. By the time a couple considers a postnup, they may have combined finances, bought a home together, or had children. One spouse might be more financially dependent on the other. A judge in Nashville is likely to look more closely at whether there was any pressure or leverage when a postnuptial agreement was signed and whether both spouses had a fair opportunity to understand and negotiate the terms.

That does not mean postnups are disfavored or useless. It means the process matters. Allowing plenty of time for discussion, making full financial disclosures, and encouraging each spouse to consult their own lawyer all help demonstrate voluntariness and informed consent. As family lawyers who regularly appear in Middle Tennessee courts, we pay close attention to these details when advising clients about postnups and reviewing agreements that other attorneys have drafted, because judges often focus on how the agreement came together as much as what it says.

There are also situations where a postnup is more realistic than a prenup ever was. Maybe you married quickly, and finances were simple at the time, but now one spouse is starting a business in Nashville that could grow significantly. Maybe a spouse is about to receive a sizable inheritance or a share in family property. Or perhaps there has been a serious breach of trust related to money, and you want to agree on financial outcomes if certain problems repeat. In these situations, a postnup can be a tool to address the new reality within the marriage instead of a sign that the marriage is over.

When Nashville Couples Commonly Use Postnuptial Agreements

Postnuptial agreements are not only for the very wealthy. In our work with families across Middle Tennessee, we see a handful of recurring situations where a postnup can make sense. One common scenario is a second or later marriage where each spouse has children from prior relationships. The couple may want to be sure that certain assets, like a house or investment account, will ultimately pass to those children, while still caring for the current spouse if the marriage ends in divorce or after a death.

Business ownership is another frequent driver. If one spouse owns a closely held company in Nashville, buys into a professional practice, or starts a new venture, both spouses may want clarity on what happens to that business interest in a divorce. A postnuptial agreement can outline whether the business stays separate, how to handle any increase in value during the marriage, and whether the non-owner spouse will receive other assets to balance things out. Without that planning, a divorce can raise complicated valuation and division questions that are more stressful and expensive to sort out later.

Serious concerns about debt or spending can also lead couples to the table. If one spouse has significant student loans, credit card debt, or a history of risky financial behavior, both partners may sleep better knowing exactly who will be responsible for which debts if the marriage ends. In some marriages, a postnup becomes part of rebuilding trust after a pattern of gambling or hidden spending. We have seen couples use an agreement to say, in effect, “We are going to work on this, but if this specific problem starts again, here is what we have already agreed will happen with our finances.”

Postnuptial agreements can also play a role in reconciliation after a rough patch. Some couples consider a postnup when they are trying to stay together after a separation or affair, but one spouse is understandably worried about being left in a worse financial position if things still do not work out. An agreement that addresses property and support can remove some of the fear around “what if,” which sometimes makes it easier to focus on repairing the relationship itself. Because The Law Office of Martin Sir & Associates emphasizes collaborative and less adversarial options alongside litigation, we are often able to help couples structure these conversations in a way that lowers, rather than raises, the emotional temperature.

What a Tennessee Postnuptial Agreement Can and Cannot Cover

One of the most common questions we hear about postnups is, “What can we actually put in it?” On the financial side, Tennessee gives couples a fair amount of flexibility. A postnuptial agreement can define which assets will be treated as each spouse’s separate property and which will be marital. It can spell out how to divide certain assets or categories of property if there is a divorce, such as equity in the marital home, retirement accounts, or proceeds from the sale of a business or other investments.

Spouses can also address responsibility for specific debts. For example, you might agree that each spouse remains individually responsible for credit cards in their own name, or that a particular business loan will not be treated as a joint obligation. Some couples use postnups to outline how future income will be handled, such as whether certain bonuses or stock options will stay separate or be shared. Potential alimony or spousal support can also be addressed, for example, by setting a formula for the amount and duration of support or agreeing to waive it within limits that Tennessee courts will accept.

There are, however, clear limits. A postnuptial agreement cannot definitively decide child custody, parenting schedules, or child support. In Tennessee, judges must always focus on the child’s best interests at the time of a custody or support decision, and no agreement between parents can prevent a court from making a different decision if circumstances require it. Similarly, attempts to waive all future child support or tie custody to a parent’s behavior in ways that harm the child’s interests are unlikely to stand and may be rejected by the court.

Even on financial topics, overly broad or vague language can cause problems later. General statements like “we will divide everything fairly” do not give a court much to work with, and they can create more arguments than they resolve. Agreements that try to control every aspect of both spouses’ future behavior can also backfire. In our experience handling family law cases in Nashville, the strongest postnups are those that focus on specific, identifiable assets and debts, use clear terms, and leave room for a judge to address child-related issues separately if needed.

How Tennessee Courts Decide Whether to Enforce a Postnuptial Agreement

For most couples, the heart of the matter is not just what can go into a postnup, but whether a Tennessee court will actually enforce it years later. Judges in Nashville and across Middle Tennessee generally look at the totality of the circumstances surrounding the agreement. Several recurring factors tend to matter, and understanding them can help you structure the process in a way that supports enforceability if the agreement is ever tested in court.

First, courts expect full and honest financial disclosure from both spouses. That usually means sharing information about income, assets, and debts in enough detail that each person can make an informed decision. Hiding a bank account, understating a business’s value, or omitting significant debt can give a judge a reason to question the agreement later. We often advise clients on what types of documents to gather, such as tax returns, account statements, and, when relevant, business financials, so there is a clear record of what was disclosed before anyone signed.

Second, voluntariness is critical. Even if there is no physical threat or obvious coercion, last-minute pressure can raise red flags. An agreement pushed across the table with a “sign this tonight or else” message, especially when one spouse is financially dependent, is more vulnerable to attack. By contrast, a postnup that is discussed over time, with both spouses encouraged to ask questions and suggest changes, gives a court more confidence that each person made a real choice and understood the consequences.

Third, Tennessee courts may consider whether the agreement was fundamentally fair at the time it was signed, and in some circumstances, whether enforcing it later would be unreasonably harsh. An agreement that leaves one spouse with almost everything and the other with almost nothing, after a long marriage, is more likely to be scrutinized closely. That does not mean both sides must receive exactly half of everything. It does mean the overall result should not shock the conscience of the court based on the facts of the particular marriage.

Independent legal counsel for each spouse is not an absolute requirement, but it is an important practical safeguard. When a judge sees that each spouse had their own lawyer, that each lawyer had time to review drafts and suggest changes, and that revisions were in fact made, it becomes much harder to argue that one person did not understand or was taken advantage of. At The Law Office of Martin Sir & Associates, after decades of litigating divorces where postnups are in play, we spend considerable time on process, not just paper, because we have seen how often sloppy handling can undermine a seemingly strong agreement.

The Process of Creating a Postnuptial Agreement in Nashville

Knowing that process matters, it helps to understand what creating a postnuptial agreement in Nashville typically looks like. The first step is usually an initial consultation with a family law attorney who practices regularly in Tennessee courts. In that meeting, you can explain your situation, your concerns, and your goals. The attorney can then outline whether a postnup is an appropriate tool and, if so, what issues it might address and how Tennessee law is likely to view those choices.

If you decide to move forward, the next stage involves gathering and exchanging financial information. That often includes recent tax returns, pay stubs, bank and investment account statements, retirement plan summaries, mortgage information, and documentation of any significant debts. If one spouse owns a business, additional documents may be needed to give a reasonable picture of its value and structure. This step takes time and effort, but it is one of the pillars of a defensible agreement and shows a court that both sides knew what they were agreeing to.

Once the financial picture is on the table, you and your attorney can work through your priorities. That could include protecting a business interest, confirming that certain inherited assets will remain separate, or making sure one spouse will have housing stability if there is a divorce. The attorney then prepares a draft, which is shared with the other spouse or their lawyer. There may be several rounds of questions and revisions. While this back and forth can feel uncomfortable, it often leads to a clearer, more balanced agreement that is easier to defend later and that both spouses can live with.

Each spouse should have the opportunity to consult their own lawyer, even if only for a review and discussion. Independent advice gives both people space to ask candid questions and helps ensure they understand the consequences of the terms. When both sides are ready, the agreement is signed, usually in the presence of a notary. At every stage, clear, respectful communication between spouses matters. As a firm that values collaborative approaches, The Law Office of Martin Sir & Associates often helps clients think through not only legal steps, but also how to talk with their spouse about the reasons behind the agreement in a way that reduces, rather than inflames, conflict.

Is a Postnuptial Agreement Right for Your Marriage

Even with a solid understanding of what a postnuptial agreement can do, not every marriage needs one. The question to ask is whether your financial and personal situation is complex enough that clear, written terms would reduce risk and strain for both of you. Couples with blended families, significant differences in income or assets, business ownership, or substantial debts often have more to gain from a postnup than couples with modest, fully shared finances and no children from prior relationships.

It is also important to think about your goals and your relationship. If your primary concern is trust or communication, counseling or financial coaching may be just as important as any legal document. In some situations, we talk with clients and conclude that a postnup is not the right tool, at least not yet. In others, the very conversation about a postnup helps a couple clarify their values and expectations, which can improve the marriage even if they ultimately decide not to sign an agreement.

Many spouses quietly worry that raising the idea of a postnup will send the message, “I am planning to leave you.” In reality, couples who handle the conversation thoughtfully often frame it differently. They explain that life has changed since the wedding, that they want both people protected if the worst happens, and that they would rather make important financial decisions together now than under the stress of a crisis later. As family law attorneys, we have seen that level of honesty build trust when paired with a fair, transparent process and clear, balanced terms.

Because The Law Office of Martin Sir & Associates handles the full range of family law matters, from divorce to child custody and support, we are able to look at the bigger picture of your situation. Sometimes a will update or a trust, rather than a postnup, is the better main tool. Sometimes, a simple written agreement about how to handle a specific debt or asset outside of divorce planning is enough. The point is not to force every couple into the same mold, but to help you choose the right approach for your family and your long-term goals.

Talk With a Nashville Family Lawyer About a Postnuptial Agreement

If you are weighing a postnuptial agreement, you do not have to have perfect answers before talking with a lawyer. A confidential consultation with a Nashville family law firm gives you a chance to describe your marriage, your finances, and your concerns in detail. From there, an attorney can help you understand how Tennessee law would likely treat your situation now, with no agreement, and how a carefully drafted postnup might change that picture.

At The Law Office of Martin Sir & Associates, an initial conversation typically involves clarifying what matters most to you, explaining what postnups can and cannot do in Tennessee, and outlining possible next steps. You can ask about timing, cost, and how to bring the topic up with your spouse in a way that fits your relationship. Whether you ultimately decide to move forward with an agreement, adjust your estate planning, or simply leave the consultation better informed, you will walk away with a clearer understanding of your options.

Every marriage and family is different. Generic forms and generic advice rarely capture those differences, and they often fail when they meet the realities of a Middle Tennessee courtroom. If you are considering a postnuptial agreement, or just want to know whether one might fit your circumstances, we invite you to talk with a Nashville lawyer who has been focused on family law for more than four decades.

Contact us at (615) 229-7235 to start your path toward a secure, confident, and positive resolution for everyone involved.