Generate Postnuptial Agreement
A postnuptial agreement is a legally binding contract created by married spouses that defines how assets, debts, and financial matters will be handled if the marriage ends in separation or divorce, while keeping the marriage intact.
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Answer simple questions to generate your personalized Postnuptial Agreement.Last Updated February 2023
What is a Postnuptial Agreement?
A postnuptial agreement is a legally binding contract entered into by two married spouses after their wedding. Unlike a divorce agreement, a postnuptial agreement does not end the marriage — it simply establishes in advance how assets, debts, property, and financial matters will be handled if the marriage ends in separation or divorce in the future.
Postnuptial agreements are commonly created when one spouse receives a significant inheritance, when a couple starts a business together, or when spouses want to update the financial arrangements made in a prenuptial agreement.
When do I need a Postnuptial Agreement?
Significant financial change: When one spouse inherits money, starts a business, or experiences a major change in income.
Protect separate property: When spouses want to ensure pre-marital or separately acquired assets remain theirs.
Update a prenuptial agreement: When existing terms need to be revised to reflect current circumstances.
Clarify financial expectations: When spouses want to define each other's financial rights and responsibilities during the marriage.
What should I include in my Postnuptial Agreement?
Parties: Full legal names of both spouses and the date and place of marriage.
Separate property: Assets each spouse owned before or acquired independently during the marriage.
Property division: How jointly owned real estate, personal property, and vehicles will be distributed.
Business interests: How any businesses owned by either spouse will be handled.
Debts: Which spouse is responsible for existing and future debts.
Spousal support: Whether support will be paid if they separate and on what terms.
Dispute resolution: How disagreements about the agreement will be settled.
Frequently Asked Questions
A prenuptial agreement is created before marriage. A postnuptial agreement is created after the wedding. Both serve the same purpose — defining financial rights and obligations — but the timing and enforceability requirements can differ by state.
Yes, in most states a postnuptial agreement is legally enforceable provided it is in writing, signed by both spouses voluntarily, and involves a full and fair disclosure of each spouse's finances. Courts may void an agreement if it is found to be unconscionable or signed under duress.
No. A postnuptial agreement does not end the marriage or indicate that divorce is imminent. It is simply a financial planning document that protects both spouses' interests should the marriage end in the future.
Yes. Both spouses can agree to amend or revoke a postnuptial agreement at any time, as long as both parties consent in writing. Any changes should be documented with the same formality as the original agreement.
It is strongly recommended that each spouse have their own independent legal counsel review the agreement before signing. This helps ensure the agreement is enforceable and that each spouse fully understands what they are agreeing to.
