Postnuptial Agreement Template, Free Download 2026

This Postnuptial Agreement ("Agreement") is entered into by and between the spouses identified on the signature page hereto (the "Spouses"), who are currently lawfully married to each other. The Spouses were married on the date and in the jurisdiction specified on the signature page, and the marriage remains valid and subsisting as of the date of execution of this Agreement.

Each Spouse represents and warrants that no action for divorce, legal separation, or annulment is currently pending in any jurisdiction. The Spouses enter into this Agreement while both are competent, without duress or undue influence, and after each has had a meaningful opportunity to consult with independent legal counsel of his or her own choosing.

The purpose of this Agreement is to define and confirm the Spouses' respective rights, obligations, and interests in property, income, and debts, both during the marriage and in the event of divorce, legal separation, or death. The Spouses intend that this Agreement shall control the classification, management, and disposition of all property described herein, superseding any default community property or equitable distribution provisions that would otherwise apply under the laws of the applicable state.

The Spouses acknowledge that postnuptial agreements are subject to heightened judicial scrutiny under the laws of most states due to the fiduciary relationship between spouses. Accordingly, this Agreement has been negotiated at arm's length, is supported by adequate consideration, reflects a fair and reasonable outcome, and is based on full and voluntary financial disclosure by each Spouse as set forth in the attached financial schedules.

Each Spouse shall retain as his or her sole and separate property all assets identified as separate property in Exhibit A, including property owned prior to the marriage, property acquired by gift or inheritance from third parties, and any property that has been maintained as separate throughout the marriage. Each Spouse acknowledges and confirms the accuracy of the other Spouse's separate property schedule.

The appreciation, income, rents, dividends, and proceeds of a Spouse's separate property shall remain the separate property of that Spouse, whether such appreciation is passive or attributable to the efforts of either Spouse, unless the Spouses expressly agree otherwise in a written amendment to this Agreement. Neither Spouse shall acquire any interest in the other Spouse's separate property by reason of contribution of services, labor, or funds during the marriage.

Property acquired by either Spouse during the marriage using marital funds, joint earnings, or joint effort shall be classified as marital property, except as otherwise provided in this Agreement. Marital property is identified in Exhibit B. Each Spouse shall have an undivided one-half interest in all marital property, unless a different allocation is specified in Exhibit B.

Neither Spouse shall sell, encumber, pledge, transfer, or dispose of any marital property or any interest therein without the prior written consent of the other Spouse, except for transactions in the ordinary course of household management involving amounts below the threshold specified in Exhibit B. Each Spouse shall keep the other reasonably informed regarding the status and value of marital property.

The commingling of separate and marital funds in a single account shall not convert the separate funds into marital property, provided that the contributing Spouse maintains contemporaneous written records sufficient to trace the separate character of the contribution. In the absence of adequate tracing records, commingled funds shall be presumed to be marital property.

All earned income, wages, salaries, bonuses, commissions, and self-employment income of each Spouse during the marriage shall be classified as marital property, unless the Spouses designate a different treatment in Exhibit C. Passive income derived from a Spouse's separate property (including interest, dividends, rents, and capital gains) shall remain the separate property of the owning Spouse as provided in the Separate Property article.

The Spouses shall maintain a joint bank account for the deposit of marital income and the payment of joint household expenses. Each Spouse may maintain individual accounts for personal discretionary spending, funded from marital income in the amounts specified in Exhibit C. Deposits into individual accounts shall be deemed marital property unless the funds are traceable to a separate property source.

Each Spouse shall be solely responsible for all debts incurred individually prior to the marriage and all individual debts identified in Exhibit D. Debts incurred jointly during the marriage, or individually for the benefit of the marital household, shall be classified as marital debts and shall be the joint responsibility of both Spouses. Marital debts are identified in Exhibit D.

Neither Spouse shall incur any individual debt exceeding the threshold specified in Exhibit D without the other Spouse's prior written consent. If a Spouse incurs unauthorized individual debt, such debt shall be the sole responsibility of the incurring Spouse, and the incurring Spouse shall indemnify and hold harmless the other Spouse from all liability, costs, and expenses arising therefrom.

In the event of divorce or legal separation, the Spouses agree that spousal support (alimony) shall be determined in accordance with the formula or fixed schedule set forth in Exhibit E. The Spouses have considered the relevant statutory factors, including the duration of the marriage, each Spouse's earning capacity, the standard of living established during the marriage, and each Spouse's age and health, in establishing the terms set forth in Exhibit E.

The spousal support provisions of this Agreement are intended to be fair and reasonable at the time of execution and at the time of enforcement. The Spouses acknowledge that a court may decline to enforce a spousal support waiver or limitation that would leave a Spouse eligible for public assistance or that the court deems unconscionable under the circumstances existing at the time of divorce. Nothing in this Agreement shall preclude either Spouse from requesting temporary support during the pendency of dissolution proceedings.

In the event of divorce or legal separation, all separate property shall be retained by the owning Spouse without offset or claim by the other Spouse. Marital property shall be divided between the Spouses in accordance with the allocation specified in Exhibit F, which the Spouses agree constitutes a fair and equitable division considering all relevant circumstances.

The Spouses shall cooperate in executing all documents necessary to effectuate the property division, including deeds, qualified domestic relations orders (QDROs), beneficiary change forms, and vehicle title transfers, within sixty (60) days of the entry of the final decree of divorce. If either Spouse fails to execute required transfer documents, the court may enter orders effecting such transfers.

Marital debts shall be allocated upon divorce in accordance with Exhibit D. The Spouse to whom a debt is allocated shall indemnify and hold harmless the other Spouse from any liability, costs, and expenses arising from that debt. Any jointly held account shall be closed and the balance divided in accordance with Exhibit F within thirty (30) days of the entry of the final decree.

Each Spouse retains all rights under applicable state intestacy and elective share statutes during the marriage. Upon the death of either Spouse during the marriage, the surviving Spouse shall be entitled to his or her full statutory share of the deceased Spouse's estate, except as otherwise provided in a validly executed will or trust that reflects the terms of this Agreement.

In the event of divorce, each Spouse hereby waives and releases all claims to the other Spouse's estate, including but not limited to the elective share, homestead, family allowance, and exempt property. Each Spouse shall, within sixty (60) days following the entry of a final decree of divorce, execute new estate planning documents removing the former Spouse as beneficiary, executor, trustee, or agent, except as required to secure obligations arising under this Agreement.

Each Spouse represents and warrants that he or she has made a full, accurate, and complete disclosure of all assets, liabilities, income, and expenses in the financial schedules attached as Exhibit G. Each Spouse has had a reasonable opportunity to review, question, and verify the other Spouse's financial disclosures and is satisfied with the completeness and accuracy thereof.

The Spouses acknowledge that the enforceability of this Agreement depends in substantial part upon the accuracy and completeness of the financial disclosures made herein. Any material omission, concealment, or misrepresentation of assets, debts, or income by either Spouse shall constitute grounds for rescission, reformation, or voidance of this Agreement by the other Spouse or by a court of competent jurisdiction.

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Spouses maintain their marital domicile at the time of execution, without regard to conflict-of-laws principles. If the Spouses relocate to a different state during the marriage, this Agreement shall remain enforceable to the fullest extent permitted by the laws of the new domiciliary state.

The Spouses consent to the exclusive jurisdiction of the courts of the state of their marital domicile for any action arising under or relating to this Agreement. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

This Agreement constitutes the entire agreement between the Spouses with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, and agreements, whether written or oral. This Agreement may be amended or modified only by a written instrument executed by both Spouses with the same formalities as this Agreement.

Each Spouse acknowledges that he or she has read this Agreement in its entirety, understands all of its terms and conditions, has had a full and fair opportunity to consult with independent legal counsel, and executes this Agreement voluntarily, without duress, fraud, or undue influence. Each Spouse acknowledges that this Agreement is fair and reasonable under the circumstances existing at the time of execution.