Does A Stay-At-Home Mom Need A Postnuptial Agreement?

Posted on: 14 July 2015

If you are thinking of leaving the workforce to stay at home with your children full-time, it may be best to consider getting a postnuptial agreement. Most people know what a prenup is, and postnups accomplish many of the same goals. However, these agreements are negotiated after the marriage has taken place. Here, you'll learn why it's important for stay-at-home parents to have postnups.

Prenuptial and Postnuptial Agreements can Form the Basis of a Solid Marriage

At first glance, it can be difficult to believe that a postnup or prenup can make a marriage happier, but putting it in writing really can help. Finances are a leading cause of tension in marriages, and adding arguments about earning potential and the monetary value of childcare can complicate matters even further. As the agreement is created, you and your spouse can consider the money you're giving up, and the monetary value of the work you're doing at home. By clearly defining the issues surrounding the decision to become a stay-at-home parent, you can keep further disagreements at bay.

Child-Rearing Often Coincides With High Earning Potential

For most women, child-rearing and the climb up the corporate ladder happen at the same time. When someone leaves the workforce to stay at home with their children, they're often walking away from a rising career. It's impossible to recover the time spent and the money lost when staying at home with the children, but a postnuptial agreement will ensure that you are fairly compensated for the loss if you and your husband divorce.

Stay-At-Home Moms Make Less When Re-Entering the Workforce

During the time a woman is a stay-at-home mom, she gives up so much more than workplace promotions and weekly paychecks. She loses out on professional networking opportunities, and her skills quickly become obsolete. An at-home mom's resume suffers as the workplace continues to advance, and her earning capacity is diminished when she re-enters the workforce.

Despite the opinions of some working spouses that a stay-at-home parent can restart a career right where they left off, and that the non-working spouse isn't entitled to anything, nothing could be further from the truth. Misconceptions on job security and earning potential are part of the reason why it is so important for stay-at-home moms and their husbands to sign postnuptial agreements. If you are ready for such an option, talk to a family lawyer or divorce lawyer right away.