Family Law & Divorce · Haute Lawyer Network
What Is a Postnuptial Agreement?
Last reviewed: June 2026
A postnuptial agreement is a legally binding contract signed by married spouses that establishes how assets, debts, and financial obligations will be handled if the marriage ends in divorce or death. It is the married equivalent of a prenuptial agreement.
Postnuptial agreements are used when spouses did not have a prenup, when one spouse receives a significant inheritance, when one spouse starts a business, after a marital crisis when spouses want to define financial terms as part of rebuilding, or when significant changes in financial circumstances make the original understanding obsolete.
What a Postnuptial Agreement Can Address
Division of specific assets in divorce, treatment of a family business, allocation of debt responsibility, spousal support obligations, inheritance rights, and protection of assets the spouses want to keep separate. Child support and child custody cannot be predetermined — courts determine these based on circumstances at the time of divorce.
Enforceability
Postnuptial agreements must be in writing and signed by both parties, entered into voluntarily without coercion, supported by full financial disclosure, not unconscionable, and ideally reviewed by independent counsel for each spouse.
Frequently Asked Questions
Is a postnuptial agreement as enforceable as a prenuptial agreement?
Generally yes, though courts apply similar enforceability standards. Some courts scrutinize postnuptial agreements more carefully because spouses are in a continuing relationship. Having independent counsel for each party strengthens enforceability.
Can we create a postnuptial agreement without an attorney?
Technically yes, but postnuptial agreements that are not properly drafted may not be enforceable. The cost of attorney drafting is modest compared to the consequences of an unenforceable document.
Can a postnuptial agreement be modified or cancelled?
Yes. Spouses can mutually agree to modify or revoke it at any time. The modification should be in writing and signed by both parties.
Does signing a postnuptial agreement mean the marriage is in trouble?
Not necessarily. Like life insurance, a postnuptial agreement is planning for a contingency that may never occur.
What if one spouse refuses to sign?
Neither spouse can be compelled to sign. The refusal has no direct legal consequences.
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