When Is It Too Late To Get a Postnuptial Agreement in Illinois?

 Posted on August 10, 2025 in Alimony/Spousal Support

Illinois law allows spouses to create a postnuptial agreement at nearly any point during the marriage. A postnup is a written contract that outlines how finances, debts, and property will be handled in the event of divorce or death, and there is no set deadline for creating one. You can make one shortly after your wedding or even after many years of marriage. The important thing is that both spouses agree to the terms freely and without pressure.

Postnups must also be fair and reasonable. A judge can throw out an agreement if it heavily favors one spouse or if one side hid important financial information. If a divorce is already in progress, it may be too late to sign a postnup. To ensure you have the protection you need, you should speak with a DuPage County, IL postnuptial agreement attorney.

Why Should You Consider a Postnuptial Agreement?

There are many reasons why a couple might want a postnup. For some, it brings peace of mind. For others, it offers legal protection in case things do not work out. You might want to consider a postnup if:

• One spouse receives a large inheritance and wants to keep it separate.

• A business that was started during the marriage needs to be protected.

• There are stepchildren involved, and you want to secure their financial future.

• You and your spouse want to avoid future fights about money.

When Is the Best Time To Get a Postnup in Illinois?

There is no perfect time to draft a postnup, but major life changes are often a good starting point. Even if everything is going well in your marriage, it is smart to prepare for the unexpected.

Illinois law treats most property that is acquired during a marriage as joint property. Under 750 ILCS 5/503, this includes income, retirement accounts, and real estate unless it was received as a gift or inheritance. A postnuptial agreement lets you define how that property should be divided if needed.

What Can You Include in a Postnuptial Agreement in Illinois?

Under 750 ILCS 10/4, postnuptial agreements in Illinois can address many financial issues between spouses, including the division of property, how debts will be handled, and whether spousal support will be paid. Both spouses must fully disclose their financial situations and should have an opportunity to review the agreement with independent legal counsel before signing. 

Keep in mind that there are limits to what can be included in a postnup. For example, you cannot address child custody or child support. These issues must be determined by the court based on the child’s best interests, as described in 750 ILCS 5/502. Your attorney will work with you to ensure that you make no mistakes that might void your agreement.

Contact a Wheaton, IL Postnuptial Agreement Attorney Today

At Andrew Cores Family Law Group, our attorneys have been helping Illinois couples with important legal decisions since 1996. We also practice alternative dispute resolution, including collaborative law, to help couples reach agreements without going to court. In fact, Attorney Andy Cores is a Fellow of the Collaborative Law Institute of Illinois and served on their TEC Committee, showing his dedication to peaceful and effective legal solutions.

We take pride in providing thoughtful and experienced legal guidance. Our team of DuPage County, IL postnuptial agreement lawyers is here to protect your rights and help you create a plan that works for both you and your spouse. Contact us today at 630-871-1002 to schedule a consultation.