Some spouses used to complain of an interfering inlaw. Things have changed. The interfering inlaw pales in comparison to the latest interference in some marriages.
Imagine trying to hold your own against your spouse’s employer or future business partners. Yet that is exactly what many spouses must do these days.
It is reported that many hedge funds are now mandating that prospective partners have an executed post-nuptial marital property settlement agreement waiving any interest in or claim to the hedge fund. Other funds merely strongly encourage it.
Following suit, postnups are also reportedly making a splash among partners in investment banking companies as well.
Before long, postnuptial waivers of claims to business entities may become the price of admission to partnership in numerous businesses, including, among many others, accounting firms, law firms, medical practices, etc.
Of course, it is important to keep in mind that waiving a claim to the business itself is not necessarily the same thing as waiving a claim to a share of the value of the business, which could be paid from other assets. It may, however, complicate the process of determining the value of the business.
But it all depends on how broadly or narrowly, and creatively, the postnuptial agreement is drawn.