Postnuptial

Postnuptial refers to agreements entered into by spouses after marriage to address financial and related matters. A postnuptial agreement is a contract that can set out how property, assets, and debts will be owned or divided, how spousal support may be handled, and provisions related to inheritance or estate planning in the event of divorce, separation, or death. It can also address fiduciary duties, business interests, or changes in financial circumstances that occurred after the marriage.

Common purposes include clarifying ownership of assets acquired during the marriage, protecting a family business, ensuring support arrangements after a change in income or employment, or aligning the couple’s estate plan with new goals or blended-family needs. Postnuptial agreements are often used when one partner has significant new wealth, when spouses wish to update a previous agreement, or when tax or financial planning considerations change.

To be enforceable, postnuptial agreements generally require voluntary agreement by both spouses, full disclosure of assets and liabilities, and terms that are fair at the time of signing. Many jurisdictions favor independent legal advice for each party. In some places, the agreement must be in writing and may require certain formalities. Courts may scrutinize postnuptial provisions for coercion, lack of disclosure, or unconscionability, and may limit or invalidate terms related to child support or custody.

Postnuptial agreements are related to prenuptial agreements but are created after marriage. They should be tailored to the couple’s circumstances and may be revised or revoked in accordance with applicable law.