Postnuptial agreements are marital property agreements that determine how assets are divided in the event of a divorce. The difference between a prenuptial and postnuptial agreement is the fact that a prenuptial agreement occurs before the marriage happens, while a postnuptial agreement occurs while the couple is already married.
It is paramount to seek the aid of experienced legal counsel if you wish to draft an agreement that aligns with your wishes. The drafting of a postnuptial agreement avoids the court having the final say about what happens to your marital property. Illinois courts would determine how your property is divided under the equitable distribution model, outlined under Illinois law.