My wife and I signed a prenuptial agreement before we got married. At the time, I was working and our plan was for her to stay home with the kids, assuming we had some. Fast-forward six years and we have three kids under 5. My wife started a small company while pregnant with our first child, and it took off. She was making far more than me, so we agreed I would stay home with our kids. My wife travels a lot, so we know I cannot go back to the intense job I had and need to find something more flexible. I am leaning toward getting my teaching license.
Because our actual family routine is so different than what we anticipated, my parents say we should modify our prenuptial agreement with a postnuptial agreement. We only did a prenup because of pressure from them. My grandfather established some large trusts and I had a cousin go through a nasty divorce several years ago, which scared my parents.
I would really rather just continue enjoying our life, but I want to make sure I’m not making a mistake.
Without seeing your prenuptial agreement, my assumption is that the clause predicting your wife would stay home with future children dealt with an alimony waiver/calculation provision and not the terms of your grandfather’s trust. In most agreements I’ve seen or drafted, the provisions that address a parent possibly staying home with children are prepared in a gender neutral fashion so the terms are applicable regardless of who is actually home with children.
You should go back and look at your agreement. You might be surprised as to how the provision was drafted even if you contemplated your wife staying home with kids — it may be gender neutral and you will not need to change anything.
My larger question to you is: What does the agreement say about your interest in her business? If assets acquired during the marriage are to be considered joint, so too is her business, and again, you would not need to do anything. If a business started by either of you during the marriage would be considered separate, you should now consider discussing a postnuptial agreement to deal with the change in your family dynamic. If you don’t and things go bad, she would get her business free and clear and only have to pay you minimal alimony in accordance with a set formula. That is not our standard.