Postnuptial Agreement Templates by State

What Is a Postnuptial Agreement?

A Postnuptial Agreement is a document formed after a couple has already married. The document itself may be heavily formulated to suit a couple's specific needs. They are the less popular but no less effective equivalent to a Prenuptial Agreement, which is signed by couples prior to getting married. Either spouse may profit from the protections offered by the Postnuptial Agreement.

Prior to actually getting married, nobody is in a rush to start discussing the potential division of assets because preparing for the big day can often be a very time consuming and stressful experience. A Postnuptial Agreement may be the best option for partners that regret not signing a Prenuptial Agreement or for those that have experienced a shift in their financial situation after tying the knot. They aim to protect both partners and their personal belongings which include estates, vehicles, and finances in the event that the couple decides to separate.

Prior to drafting any agreements, we would recommend each partner to separately seek legal advice from a Postnuptial Agreement lawyer which will be able to provide you with all of the important information concerning the agreements, whilst taking into account your specific circumstances. They will be able to guide you on what specifics to include in the agreement and the correct way to word each clause in order to prevent the clauses from being taken out of context and manipulated.

For a full list of Postnuptial Agreement templates please feel free to check out our library below.

Postnuptial Agreement Templates by State

You may find that there is a different Postnuptial Agreement law for each state. We have compiled a list of templates by state, which you can find below:

Alabama	Hawaii	Massachusetts	New Mexico	South Dakota
Alaska	Idaho	Michigan	New York	Tennessee
Arizona	Illinois	Minnesota	North Carolina	Texas
Arkansas	Indiana	Mississippi	North Dakota	Utah
California	Iowa	Missouri	Ohio	Vermont
Colorado	Kansas	Montana	Oklahoma	Virginia
Connecticut	Kentucky	Nebraska	Oregon	Washington
Delaware	Louisiana	Nevada	Pennsylvania	West Virginia
Florida	Maine	New Hampshire	Rhode Island	Wisconsin
Georgia	Maryland	New Jersey	South Carolina	Wyoming

What Should Be Included in a Postnuptial Agreement?

Each Postnuptial Agreement is unique and will depend on the specific circumstances and agreements formed between the two partners. You may also find that Postnuptial Agreement laws in every state may differ and this may impact the clauses that you are allowed and are not allowed to incorporate into the Postnuptial Agreement. However, we have created a list of the top most common items that couples may include in their agreement which you can find below:

The way in which partners would distribute personal possessions and estates in case their relationship results in a divorce;
Details about any alimony payments to a partner and the period of time that these payments will be sent;
The way in which any debts obtained during the marriage, such as home mortgages, outstanding balances on credit cards, and any other financial obligations, would be distributed in the case of separation;
The way in which property would be divided in the event that either partner passes away during the union, with varying rules based upon whether or not a divorce process was in place at the moment that a partner died;
When a couple that has children get divorced, a Postnuptial Agreement might also specify details concerning the care and maintenance of any mutual children that the pair may have. But, in this instance, such clauses in an agreement may be prohibited by local state legislation. It is always worth consulting with a lawyer when drafting this agreement.

No matter the purpose of your agreement or the contents, the key to a successful Postnuptial Agreement is to have a frank and honest discussion with your partner about the reasons and importance of forming such an agreement. The desire to form such an agreement does not indicate a lack of trust in the relationship, it can sometimes also be signed to determine specific rights in the event of a partner passing away to prevent long and tedious court proceedings.

How Much Does a Postnuptial Agreement Cost?

It is strongly advised that individual partners work with a lawyer to design their Postnuptial Agreement as it is an agreement that is enforceable by law, and just like any other agreement, it needs to contain certain stipulations in order to be upheld in a court. A skilled lawyer will be aware of the necessary provisions that need to be included to guarantee its legality.

According to research, the Postnuptial Agreement cost can vary from approximately $500 all the way up to thousands of dollars. This will depend upon a number of circumstances which include:

The price of housing, living and other services in your specific state - the place that you are located in will frequently affect the cost;
The intricacy and complexity of the agreement will also reflect on the overall cost;
The number of meetings that the pair need with the attorney while the contract is being drafted;
If any further amendments need to be made to the terms of the agreement;
The price per hour that the lawyer will charge (which is also directly linked to the location).

How to Write a Postnuptial Agreement?

Writing up a Postnuptial Agreement is simple as long as you know the structure and what to include. Make sure to include:

Details concerning both spouses. The marital history, any offspring from the union, legal counsel and financial statements all must be included in addition to the fundamental information about both spouses and their marriage;
Share ownership. Any previously purchased property before the union may be designated as independent, shared, or a combination of the two. The same holds true for marital property acquired when the couple was already in marriage and information about how it would be shared;
If either of the partners had their own business before they decided to tie the knot or a business that was opened when the pair was already in marriage, details about how the business will be shared also needs to be outlined;
Just like any belongings, debt issues will also need to be resolved regardless of whether or not they were purchased prior to marriage or during the marriage;
The property where you both live and any pets can also be distributed and included in the agreement;
Details about the conditions of alimony and inheritance in the event of death could also be included additionally.

Once your agreement is drafted we would recommend that you approach a notary public to have the document notarized.

Haven't found the template you're looking for? Take a look at the related templates and forms below: