For couples who didn't enter into a prenuptial agreement, they always have the option of forging such a pact after they say their vows. Postnuptial agreements are largely the same as prenups, laying out which assets will remain individual property and which will be shared.
However, states may view postnups differently if they are challenged during a divorce. In California, for example, prenups are presumed to be legally valid, while postnups are presumed to be invalid -- meaning the burden of proof with the latter is on the spouse trying to have the terms enforced, Nachshin says.
Still, properly executed postnups should stand up to court scrutiny.
"I think if both parties have counsel, and there's been full disclosure, the postnup will be upheld," he says.