My husband cheated on me for a year and just left me so do I need to get a divorce or postnuptial agreement if we're both unsure?

    The first thing I would suggest is that you ask your husband to go to some marriage counseling with you----or alone to begin with.  Since everyone is "unsure" if they want a divorce,  a good counselor/therapist might help you both make it work...or if not, at least you will both know you tried before ending it.    With that said, under your circumstances, a postnuptial agreement requires the same amount of disclosre as a Marital Settlement Agreement.  The difference is that you two can enter into a postnuptial agreement that resolves all the issues that would need resolving in a divorce, except that the signing of such an agreement does not require that a divorce occur.  It can be drafted such that certain assets and liabilites are divided at that time, and even establish alimony, but it might also state that certain parts of the agreement only take effect if there is a subsequent divorce.  Issues involving the children can also be established.   Here is the most important issue.  If the parties do engage in full financial disclosure then the post nuptial agreement is binding, and if you divorce, then whatever deal you entered into will be binding.  In other words, if you sell yourself short in signing the post-nup, because you think it will help save the marriage, and things don't work out, you will not be able to get a "do-over."   So, a post nup may be the way to go, but I strongly suggest you consult with an attorney before you enter into any type of agreement. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton 954-316-3496 info@vovalaw.com