What is a Postnuptial Agreement?

A Postnuptial Agreement is a private contract entered into between spouses during their marriage. More often than not, a Postnuptial Agreement is entered into by spouses who are not contemplating separation, but who desire to address certain property rights in the event of their separation. While some spouses may only want a Postnuptial Agreement to address one particular asset or debt, others may want such an agreement to be a full and final resolution of their property division (otherwise known as “equitable distribution”).

It is important to note that unlike Prenuptial Agreements, Postnuptial Agreements cannot address or waive alimony or spousal support in the event of a separation.