Postnuptial (or postmarital) agreements are written agreements between spouses made at a time when the spouses are already married. These are different than “Separation Agreements” or “Divorce Agreements” which are made in contemplation of divorce and are used to define the terms of the divorce after it occurs. Postnuptial agreements are also different than prenuptial agreements, which are made before the marriage.
Postnuptial agreements range from agreements about day-to-day activities (such as who will do the dishes), to agreements about what will happen if a spouse inherits money, or if property should be transferred to a spouse. Because postnuptial agreements can vary the laws of marriage and divorce, they should be undertaken with great care.