Postnups gaining popularity

We've all heard of pre-nuptial agreements, now, postnuptials are all the rage. More and more couples are signing contracts long after they say 'I do.'

High-powered attorney Emmy Zuckerman works hard to provide for her children, especially her youngest Holly, who has autism. "I really would like to make as much as i can available so that she'll have as good a life as possible."

That's why Emmy and her second husband are signing a postnuptial agreement. A contract like the more famous prenup, but signed during marriage. "We wanted to protect what was mine for my kids and what was his for his children." said Zuckerman.

Attorney Arlene Dubin drafts postnups for her clients all the time. She says the deals make sense because as time passes, situations change. "There could've been a financial windfall or there could be a financial reversal. It could be that the parties are having children."

Lorna Jorgenson Wendt runs the 'Equality in Marriage Institute.' She urges couples to consider postnups and wishes they had been around during her highly-publicized breakup. "I had to go to court and fight for my equal rights in a very messy divorce, so this is something that people could avoid and they should do it when they're in love."

Postnups aren't just for wealthy couples. Wendt says they can even protect stay-at-home moms if something should go wrong down the road. "I would want some discussion and something in writing saying that if we should divorce i might be compensated for the years that I've been out of the job market." said Wendt.

The agreements don't necessarily signal a marriage gone bad. Experts say they can actually be good for your relationship. "If the spirit of the postnup is friendly and factual and fair, a postnup can actually strengthen a marriage." said marriage therapist Pat Love.

Love says the key is the right approach. She says it's natural to feel hurt and defensive if your spouse wants an agreement, but ask questions and stay calm. "Give your partner an opportunity to actually explain the purpose behind the postnup."

Emmy Zuckerman says she and her husband have spent a lot of time talking about their postnup. He's 100% behind it, which makes her love him even more. "If the marriage is comfortable and if the parties share the same goals then it's a very easy thing to do."

Postnups are enforceable in nearly all states, although there are variances depending on where you live.

Attorney Arlene Dubin says you can put anything into a postnup, even who will take out the trash during the marriage!

But most postnups deal with money and property. She says couples should update their postnups as situations change in their marriage.