Postnuptial agreement builder

Template only - requires independent counsel for BOTH parties. Postnups face heightened scrutiny compared to prenups in many states. This builder creates a starting framework, never a final document. Sign nothing without separate legal review. See our full disclaimer.

Parties and marriage info

Spouse 1 full legal name

Spouse 2 full legal name

Date of marriage

State governing the agreement

Primary reason for this postnup

Property classification

Spouse 1's assets to be classified as separate property

Spouse 2's assets to be classified as separate property

Treatment of future assets and income

Debt and alimony

Debt allocation going forward

Spousal support provision

Consideration (what each spouse receives in exchange)

Some states require something of value beyond just remaining married for a postnup to be enforceable.

What does the financially disadvantaged spouse receive in exchange for this agreement?

Your postnuptial agreement draft

Have an attorney finalize your postnup

Postnups require careful attention to consideration and disclosure requirements that vary by state. We can connect you with attorneys representing each spouse separately. Free initial consultation.

Why postnups face extra scrutiny that prenups don't

A prenup's enforceability rests partly on the legal concept of "consideration" - each party gives up something (their default marital property rights) in exchange for something (the marriage itself, which neither party is yet legally entitled to). Once a couple is already married, this consideration framework gets murkier - one spouse can't bargain "I'll marry you" because they're already married. Some states have addressed this by requiring postnups to include separate, identifiable consideration: something of value the financially disadvantaged spouse receives specifically in exchange for signing, beyond just remaining in the marriage.

Courts in several states have also applied heightened fiduciary duty scrutiny to postnups, reasoning that spouses already in a marriage owe each other duties of fairness and full disclosure that engaged couples negotiating a prenup don't yet owe each other. This means postnups generally require even more rigorous financial disclosure and independent counsel than prenups to survive a later enforceability challenge. If you haven't yet married, the prenuptial agreement drafter avoids these additional complications entirely.

When do couples typically need a postnup?

The most common scenarios: one spouse starts or significantly grows a business during the marriage and wants to protect future ownership and value, a spouse receives a substantial inheritance or gift they want to keep separate, the couple is reconciling after a separation or affair and wants to formalize specific terms as part of staying together, a couple never completed a prenup before marrying but wishes they had, or simply for estate planning purposes when there are children from a prior relationship whose inheritance the couple wants to protect. Each scenario has slightly different consideration and structuring needs - an attorney tailors the agreement accordingly.

What happens if a postnup is found unenforceable?

If a postnup is invalidated - for lack of proper consideration, inadequate disclosure, or unconscionability - the marital property rules default back to your state's standard system (community property or equitable distribution), as if the postnup never existed. This is exactly the outcome the postnup was meant to prevent, which is why getting it right with proper attorney involvement matters so much. Use the divorce settlement calculator to understand what the default rules would produce without an enforceable postnup in place.

Frequently asked questions about postnuptial agreements

Postnups are enforceable in most states but face additional scrutiny compared to prenups in many jurisdictions. Some states apply the same basic standard as prenups (disclosure, voluntariness, independent counsel, no unconscionability). Other states impose heightened requirements - explicit consideration beyond the marriage itself, enhanced fiduciary duty standards between spouses, or stricter unconscionability review. A small number of states have been historically reluctant to enforce postnups at all, though this has become less common as courts increasingly recognize their value. State-specific legal advice is essential for postnups even more than for prenups.

States that require independent consideration accept various forms: a direct payment or asset transfer to the financially disadvantaged spouse, a guaranteed minimum settlement amount that would apply regardless of fault or circumstances at divorce, a life insurance policy naming the spouse as beneficiary, or in reconciliation contexts, specific behavioral or relationship commitments documented as part of the exchange. Simply continuing the marriage is often considered insufficient consideration on its own in states with strict consideration requirements, though it may suffice in more permissive states. An attorney determines what's needed in your specific state.

Yes, and this is a common use case - sometimes called a "reconciliation agreement." When a couple has separated (often after an affair, financial betrayal, or other significant marital issue) and decides to reconcile, a postnup can formalize specific terms as part of that reconciliation: financial protections, behavioral expectations, or property arrangements that give the wronged spouse confidence and security in choosing to continue the marriage. These agreements often have strong consideration arguments (the reconciliation itself, and specific commitments made by both parties) that support enforceability.

Not automatically, but couples sometimes choose to update postnups when major life changes occur - the birth of additional children, a significant change in either spouse's financial situation, or simply revisiting terms that no longer reflect the couple's wishes. Any amendment requires the same formalities as the original (writing, signatures, ideally independent counsel review again). A postnup that becomes severely outdated relative to the couple's actual financial circumstances may also face unconscionability challenges at the time of divorce if enforcement would produce a dramatically unfair result relative to current circumstances.

Yes - this is one of the most common and valuable uses of a postnup. Without an agreement, a business started during the marriage is generally marital property regardless of which spouse's name it's in, even if the other spouse never worked in the business. A postnup can specify that the business (and its future growth) remains the separate property of the operating spouse, in exchange for appropriate consideration to the other spouse. This is particularly important for protecting a growing business from being subject to valuation disputes and division in a future divorce - structuring the protection early, while the business value is lower, is generally easier than addressing it after significant growth has occurred.