A postnuptial agreement is a contract between spouses signed after marriage that sets terms for property and support in a divorce or death.
Why couples sign them
- A change in finances, such as an inheritance or business.
- To clarify who owns what after a major event.
- To resolve conflict, sometimes after a reconciliation.
- To protect a family business or children from a prior relationship.
Enforceability
Courts generally enforce postnups that are in writing, signed voluntarily, with full financial disclosure and fair terms. Some states are stricter, and terms about children are not binding.
Steps
- Share complete financial information.
- Each spouse should have a lawyer.
- Avoid signing under pressure.
- Put terms in writing and sign with a notary as required.
- Review periodically.
Compared with a prenup
The difference is timing. A prenup is signed before the wedding. See our guide to prenuptial agreements.
Frequently asked questions
Can a postnup be challenged?
Yes, for fraud, duress or unfair terms.
Are they common?
Less than prenups but growing.