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Postmarital or Postnuptial Agreements

Most people are familiar with the idea of a prenuptial agreement, which lays out terms that parties agree to abide by in the event of a divorce or death. This type of agreement is entered into before marriage and is often an attempt to clearly lay out issues, such as distributions of property and amounts of spousal support, in the event of a divorce. Parties may want to be sure that separate property remains separate, or they may want to establish a fixed payout of support in the event of a divorce.  A prenuptial agreement can set forth these terms and more.

Another type of agreement recognized by New York State that couples sometimes enter into is a postmarital or postnuptial agreement. This type of agreement is a contract entered into by spouses after marriage, instead of before. Similar to a prenuptial agreement, a postnuptial agreement can set forth provisions for spousal support upon a divorce. In addition, a postnuptial agreement can address issues that may arise after you are married.  For instance, a postnuptial agreement allows a married couple to take property that would be deemed marital by a court of law and define it as separate property if they so choose.   Entering into a postnuptial agreement may clarify ownership issues and calm fears.

Like any other contract, fraud or coercion will void the agreement.

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