She Wants Her Husband To Sign A Postnuptial Agreement To Protect Her Trust In Case They Get Divorced, But He’s Not On Board

This woman and her husband, who is 40, have been together for 7 years and married for 5 years. At the beginning of 2023, they also welcomed a new baby into their family.
At the same time, her parents have reached retirement age, which is why they’ve been very diligent about updating their wills and trusts– mainly ever since her son was born.
Now, for context, she and her husband never signed a prenup before tying the knot. This was mainly because they only had about $1,000 to their names when they got married.
Today, they do have liquid cash and a 401k. However, they don’t have anything of “real value” right now.
“So, in the case of divorce, we’d just split it down the middle,” she explained.
“My husband was married very young and divorced, and they did the same thing.”
Over the course of her parent’s lives, though, they have generated a healthy portfolio and own multiple properties. So, each of their children will inherit both a house as well as a generous amount of cash.
And when it came to her inheritance, the lawyers suggested that she should not put her husband as her trustee.
This is because she hasn’t been married to her husband for, say, 15 years, and divorces happen. Plus, if they ever split up, she can never change who she names as a trustee.

ty – stock.adobe.com- illustrative purposes only, not the actual person
“I felt this was harsh and unfair to my husband, and I wanted to put him as a trustee,” she recalled.
However, she came up with a workaround. She put together a little postnuptial agreement stating that everything they own in their marriage would be split evenly in the event of divorce or infidelity, except for the trust.
While she thought it was a good idea, though, her husband was deeply upset when she brought up the agreement. He just told her to keep her money and claimed it was ridiculous.
“I don’t want to be bulldozed into not having a postnup,” she vented.
But, with her husband upset, she has no idea what to do. And now, she’s been left wondering whether wanting a postnuptial agreement to protect the trust makes her a jerk.
Do you think it’s a good idea for her to protect herself? Is a postnuptial agreement the best way to do this, or is there another solution? How would you handle this sticky situation?
You can read the original post on Reddit here.
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