What Is a Prenup or Postnup?
- Prenuptial Agreement: A legal contract entered before marriage that lays out how property, debt, and support would be handled in the event of divorce.
- Postnuptial Agreement: Similar to a prenup, but signed after marriage.
In California, these agreements are governed by the Uniform Premarital Agreement Act (California Family Code §§ 1600-1617) and are enforceable if they meet strict legal standards.
Why ILWU Members Should Consider a Prenup or Postnup
1. Your ILWU Pension Is a Major Asset
ILWU pensions and union benefits are often considered community property in divorce—meaning your spouse may be entitled to a share of it, even if they never worked a day on the docks.
A prenup/postnup can carve out your pension or protect the premarital portion, ensuring it stays with you.
2. You May Have Fluctuating or Overtime-Based Income
Longshoremen often work rotating schedules, with significant overtime or “double-back” shifts. This can create spikes in income that affect spousal support or child support calculations.
With a prenup/postnup, you can set expectations about spousal support and avoid being penalized for earning extra during peak port season.
3. You’ve Already Been Through a Divorce
If you’re paying child support or spousal support from a prior divorce, a new marriage can complicate your financial obligations.
A marital agreement can clarify that your new spouse won’t be liable for your past debts or obligations, and vice versa.
4. You Own a Waterfront Property, Boat, or Other High-Value Assets
From boats and Harleys to investment properties or vacation homes, it’s common for longshoremen to have significant property acquired during or before marriage.
These agreements allow you to designate separate vs. community property before any disputes arise.
What a Prenup or Postnup Can (and Can’t) Do in California
CAN:
- Determine what stays separate vs. community property
- Set or waive spousal support (if done correctly)
- Protect premarital assets and business interests
- Clarify debts and financial responsibilities
CAN’T:
- Predetermine child custody
- Waive child support
- Contain anything that’s “unconscionable” (deeply unfair at the time of enforcement)
A judge won’t enforce an agreement that was signed under duress, was one-sided, or lacked full financial disclosure.
Common Mistakes Longshoremen Make Without a Marital Agreement
- Assuming their pension is automatically “theirs”
- Failing to disclose union benefits in a prenup, making it invalid
- Using DIY templates that don’t comply with California law
- Thinking postnups are too late (they’re not)
Localized for Longshoremen in the South Bay and LA Harbor Area
At Finan Family Law, APC, we’ve helped longshoremen and ILWU members from San Pedro, Wilmington, Long Beach, Torrance, and beyond protect their pensions, homes, and peace of mind.
Should You Get a Prenup or Postnup?
If you:
- Are planning to marry (or just did)
- Have a pension or waterfront property
- Are working through prior divorce obligations
- Want to avoid future drama and legal fees
Then yes—you should absolutely consider it.
Let’s Talk: Free Consultation for ILWU Members
You work hard for everything you have. Let us help you protect it.
Call Finan Family Law, APC at (424) 419-3067 today to schedule your confidential consultation.
Click here to send us a request.
Serving Longshoremen in Torrance, San Pedro, Long Beach, and the LA Harbor communities.