Postnuptial Agreements Explained

Couples who didn't sign a prenup before the wedding still have an option to formalize their financial understanding — a postnuptial agreement, signed after marriage has already begun.

Why Couples Choose a Postnup

Common reasons include a significant change in circumstances, such as one spouse starting a business, receiving an inheritance, or a couple working through a period of marital difficulty and wanting to clarify expectations going forward.

Some couples simply didn't have time to complete a prenup before the wedding and choose to formalize a similar agreement shortly afterward.

Enforceability Considerations

Because spouses already owe each other certain legal duties once married, some courts scrutinize postnuptial agreements even more closely than prenups, particularly around whether each spouse received adequate consideration and entered the agreement voluntarily.

The same core requirements apply: full financial disclosure, independent legal counsel for each spouse, and freedom from coercion or pressure.

What a Postnup Can and Cannot Do

Like a prenup, a postnup can address property division and spousal support but generally cannot predetermine child custody or support, which remain subject to the court's best-interest analysis at the time of any divorce.

Some couples use a postnup specifically as a reconciliation tool after a period of marital conflict, laying out clear expectations as part of moving forward together.

Frequently Asked Questions

Is a postnup as enforceable as a prenup?

It can be, but courts sometimes apply additional scrutiny, so careful drafting and full disclosure are especially important.

Can we sign a postnup without planning to divorce?

Yes — many couples use postnups purely for financial planning and clarity, with no connection to marital difficulty.

A postnuptial agreement can provide the same clarity as a prenup for couples who are already married. An attorney can help draft an agreement that will hold up if it's ever needed.