But Anita Chlipala, a relationship therapist in Chicago who often advises couples recovering from infidelity, says a post-Nup can help restore trust – along with therapy and a sincere effort to address the underlying problems that led to fraud. “If a person doesn`t work, if they are a parent at home or earn significantly less than their partner, there is a power gap that a post-nup can address,” says Chlipala. “They find out that their spouse has cheated, and they feel so helpless. They are so financially dependent on the person who hurt them the most. It can be very beneficial for them to have a post-Nup that establishes an agreed financial plan so that they feel more protected. In a survey conducted last year by the American Academy of Matrimonial Lawyers, 50% of divorce lawyers said they saw an increase in the number of spouses seeking unbearable agreements. This raises the question: why are more couples looking for a post-nup deal? Together, we have 20 years of experience in the exclusive practice of marriage and family law, with substantive knowledge of securities litigation and litigation. We deal with complex financial and custody matters and are Kasowitz Benson Torres LLP`s partners in fair distribution, child care, paternity and protection orders. We also design pre-marriage and post-marriage agreements. We are frequent teachers on various family law issues and regularly contribute to the media on marriage and family law. We have also contributed to several articles on publications for both legal and non-legal target groups.
Kelly was recognized on the Benchmark Litigation “40 and Under Hot List” and as New York Metro Super Lawyer. Emily was named “Rising Star” by New York Metro Super Lawyers and selected for the recording in The Best Lawyers in America in the field of family law. We were both included in the lawline list of the Top Women Faculty of the Year 2019. “Transmutation is not a binary thing,” says Kretchmar. “The question is whether a spouse has developed a right to the asset. A year in which a year is paid for mortgages, well, that doesn`t mean that a spouse owns the house directly. But if it is estimated at $100,000 this year, according to one estimate, they may have some of that capital gain. And if one spouse can`t afford to buy the other`s share, divorce could force the sale of that fortune, also known as a farewell to the cabin you wanted to move to a fourth generation. “So,” Kretchmar said, “they sign an agreement that says, “I love you, I`m not trying to fool you with anything, but that fortune will remain a separate property, not a marital property.” Consider a postup as a positive step you can take to determine who is responsible for what, who is entitled to what and how things are handled in the event of a divorce.