Prenup 101: Everything You Need to Know | Postnup.com

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What is a postnup? A postnuptial agreement, frequently referred to as a “postnup” or “postmarital agreement,” is a contract between two spouses, who are already married, but not contemplating divorce. This type of contract addresses topics such as property division, debt allocation, alimony (in select states), and more. Postnups aim to sort out the financial matters of the marriage before divorce is on the horizon. Join waitlist What is the purpose of a postnup? The main purpose of a postnuptial agreement is to protect financial interests in the event of a divorce. A postnuptial agreement generally comes into play if the parties divorce. It’s intended to create a roadmap for the spouses while still married and relatively on good terms for how to divide assets and debt in a divorce. A secondary reason for a postnup is to make the process of a divorce easier, cheaper, and faster. By having a roadmap in place, it can streamline the divorce process and make it a much less painful experience for many couples. A tertiary purpose for postnuptial agreements is to provide financial clarity and alignment between spouses. For example, if one spouse decides to stay home with the children and forgo their career, putting a postnup in place can allow the spouse leaving their career to feel supported, while agreeing on certain terms, avoid future conflict, and provide clarity to both spouses.    The history of postnuptial agreements Postnuptial agreements in the United States go all the way back to the 1800’s. In fact, one of the first cases to uphold a postnup was from North Carolina in 1828. In this case, the North Carolina Supreme Court presided over a case where a husband and wife had agreed that the husband would give back the wife all of the property she brought into the marriage. After he died, he gave away that property to other people. The widow challenged this will, claiming that she had a valid postnup. The court agreed and enforced the postnup. The court stated that "a post-nuptial agreement, made upon sufficient consideration, between husband and wife, will be enforced in Equity.” ( Liles v. Fleming , 1 Dev. Eq. 185 (1828)).   About a decade or so later, the Married Women’s Property Acts, starting in Mississippi (1839) and New York (1848), were enacted. The Married Women’s Property Act effectively recognized married women as separate legal persons who could own property and enter contracts. This laid the foundation for future laws allowing for marital agreements such as postnups, though courts remained skeptical for decades (and some still do to this day).  However, postnuptial agreement law continues to grow and become a more commonplace contract. States are routinely passing statutes and courts are routinely enforcing agreements that give permission for married couples to enter into contracts together. When to initiate a postnup Unlike prenuptial agreements, which must be initiated and executed before the wedding day, postnups don’t have a deadline. You may initiate a postnuptial agreement at any point during the marriage, as long as you and your spouse aren’t planning on divorcing. For example, you may create a postnuptial agreement one day after the wedding or twenty years after the wedding.  Join waitlist What is the difference between a postnuptial agreement and a prenuptial agreement? One key way to understand a postnuptial agreement is to compare it with a prenuptial agreement. Prenuptial and postnuptial agreements are similar in that they both address similar topics: property division, debt allocation, spousal support, etc. However, their main differences are when they are signed (before marriage vs. during marriage) and how they are enforced. Prenups must be signed before the wedding, whereas postnups may be signed during the marriage. Prenups are also often subject to less scrutiny than postnups may be (depending on the state). Are postnuptial agreements legally binding? In most states, yes, as long as the parties follow the correct legal requirements for creating a valid postnuptial agreement. Each state has its own requirements for creating a valid postnup. It is also important to note that there are handful of states where postnuptial agreements are not enforceable at all. The states where postnuptial agreements may not be enforceable include:  ‍ Nebraska ( Devney v. Devney , 295 Neb. 15, 886 N.W.2d 61 (2016) ) ‍ Oklahoma ( Hendrick v. Hendrick , 976 P.2d 1071 (1998) ) ‍ Iowa ( Ritter v. Hussemann , 847 N.W.2d 219, 226 (Iowa 2014) ) ‍ Indiana* : Only reconciliation agreements acceptable ( Flansburg v. Flansburg , 581 N.E.2d 430 (Ind. Ct. App. 1991) ) ‍ New Jersey* : Only reconciliation agreements acceptable ( Pacelli v. Pacelli , 319 N.J. Super. 185 (App. Div. 1999) ) *A reconciliation agreement is where there is a true breakdown in the marriage that led to the negotiation of the postnuptial agreement. In other words, a happy couple could not get a valid and enforceable postnuptial agreement in New Jersey or Indiana.  The legal requirements of a postnup Each state has its own requirements for what makes a postnuptial agreement valid and enforceable. For instance, some states actually treat postnuptial agreements and prenuptial agreements the same, with no additional legal requirements. On the other hand, many states have additional requirements for postnuptial agreements, such as requiring legal consideration.  Here are some examples what a state may require for a valid and enforceable postnuptial agreement: - The agreement is in writing

• Both parties sign the agreement
• Some states require witnesses and notarization
• The agreement must be entered into voluntarily
• There must be adequate legal consideration (the contract beneftis both sides in some way)
• Both spouses have provided full financial disclosure
• Both spouses either had independent legal counsel or had the opportunity to hire a lawyer
• The agreement is reasonably fair

Join waitlist Reasons for getting a postnup The reasons for a postnuptial agreement can vary. One of the most common reasons for a postnuptial agreement is a change in financial circumstances or a change in the relationship. Here is a full list of reasons people may opt for a postnup: - Significant increase or decrease in finances

• Starting a business
• One spouse leaving their career to stay home with the children
• Receiving a large inheritance
• Marital issues, such as infidelity
• Simply missing the deadline to get a prenup
• A new disability or illness
• Taking in elderly parents or family members
• The desire for financial clarity

As you can see, there is a broad range of reasons couples may want to get a postnup. From missing the prenup deadline to infidelity to financial clarity. Whatever the reason may be, a postnup can benefit both spouses in the relationship when the contract is drafted properly. Join waitlist 100% of marriages end — either in death or divorce. ‍ The question is: will you write the ending? 
 Or let the government write it for you? Join waitlist PROS AND CONS What are the pros and cons of a postnup? There are benefits and drawbacks to getting a postnuptial agreement. Here are some examples of the ways married couples can benefit and where they may not.  Pros of a postnup: Cons of a postnup: Financial clarity through financial disclosure Financial protection in the event of a divorce Alignment on financial goals as a couple  Enhanced understanding of one another’s finances and goals May reduce future conflict within the couple Can help resolve marital conflict through new negotiations and resolutions Can be expensive Can be difficult to bring up to a spouse in certain situations Can be time consuming Everyone's situation is different. In some cases, a postnup may be super simple and straightforward, drama-free. In another case, it may be an extremely uncomfortable and tense topic where the couple is reconciling from conflict. In either situation, postnuptial agreements are meant to provide financial clarity and protection to both spouses.  What does a postnup include? Generally, whatever you may include in a prenup, you can also include in a postnup. However, there are some exceptions. For example, in California, you can include spousal support in prenups (with limitations), but not in postnups. ( Cal.Fam.Code § 1620 ). With that said, most postnups cover the following topics:

Marital vs. separate property

One of the most powerful things a postnup can do is draw a clear line between what's "ours" and what's "mine" or "yours." You can define which assets remain separate property—like an inheritance, a family home, or savings you brought into the marriage—and which are considered marital property to be shared. This clarity prevents messy disputes down the road and keeps both spouses protected.

Protections against the debts of the other spouse

Love your spouse but not their student loans or credit card debt? A postnup can establish that certain debts belong to the spouse who incurred them—not both of you. This is especially important if one partner has significantly more debt, is taking on new debt for a business venture, or if financial circumstances have changed since you got married. It's about protecting your financial health as a couple and as individuals.

Children from prior relationships, if applicable

If you or your spouse have children from a previous relationship, a postnup can help ensure they're financially protected. You can designate specific assets or accounts to be preserved for your children's inheritance, education, or future needs—so that blending your family doesn't mean blending away their financial security. It's a thoughtful way to honor your commitments to both your new spouse and your kids.

Alimony/Spousal Support

A postnup lets you and your spouse decide on your own terms whether alimony will be part of the picture—and if so, how much and for how long. You can waive it entirely, cap it at a certain amount, or set a duration that reflects your situation. Instead of leaving this up to a judge who doesn't know your marriage, you get to craft a spousal support plan that feels fair and intentional for both of you.

Pets, if applicable

Yes, your fur babies can be part of your postnup. Pet custody can become surprisingly contentious during a divorce, so deciding ahead of time who keeps the dog (or cat, or parrot) gives you both peace of mind. You can outline primary ownership, shared custody arrangements, or even who covers vet bills. Because your pets are family—and they deserve a plan, too.

Gifts

That engagement ring, the anniversary watch, a generous gift from your in-laws—what happens to these if things don't work out? A postnup can clarify whether gifts given during the marriage stay with the recipient or become shared marital property. It's a small detail that can prevent a big headache, and it keeps both spouses on the same page about what was a gift and what was shared.

Sunset clause, if desired

A sunset clause sets an expiration date on your postnup—meaning it automatically becomes void after a certain number of years unless you choose to renew it. Some couples like this option because it acknowledges that your financial lives will evolve over time. Think of it as a built-in check-in point: if the agreement still serves you both, great. If not, you can revisit and update it together.

Infidelity clause, in some states

In certain states, you can include a clause that outlines financial consequences if one spouse is unfaithful—such as a larger share of assets or increased alimony for the affected partner. Not every state enforces these, and the rules vary, but where they're permitted, an infidelity clause can add an extra layer of accountability to your agreement. It's one more way to put your values into writing.

Generally, whatever you may include in a prenup, you can also include in a postnup. However, there are some exceptions. For example, in California, you can include spousal support in property division may include things like who owns the business, the inheritance, the retirement accounts, the marital home, and more. These are the most common types of assets that typically show up in postnuptial agreements. renups (with limitations), but not in postnups. ( Cal.Fam.Code § 1620 ). With that said, most postnups cover the following topics:  What can’t be included in a postnup? Generally speaking, postnuptial agreements may not include terms about children, such as child custody and support. Postnups may also not include terms against public policy or unlawful acts. In some states, such as California, postnups may not include terms around spousal support. Additionally, any terms that are unconscionable (i..e, extremely one-sided) may also be unenforceable.

Incentives

A postnup can't include clauses that incentivize or reward divorce. For example, you can't write in a financial bonus that one spouse receives if the other files for divorce. Courts view these kinds of provisions as encouraging the end of a marriage, which goes against public policy. Your postnup should focus on fair financial planning—not creating reasons to split.

Child custody

Child custody decisions are always determined by the court based on the best interests of the child at the time of divorce—not years in advance. No postnup (or prenup, for that matter) can predetermine who gets custody. This is one area where the law prioritizes your child's wellbeing above any agreement between spouses, and that's a good thing.

Child support

Just like custody, child support is a right that belongs to the child—not to either spouse. Courts calculate child support based on state guidelines, income, and the needs of the child at the time of separation. You cannot waive, limit, or predetermine child support in a postnup. Any clause attempting to do so would be struck down by a court.

Tasks or responsibilities of partners during marriage

A postnup is a financial document, not a household chore chart. You can't include clauses about who does the cooking, how often you visit the in-laws, or requirements around personal behavior during the marriage. Courts won't enforce lifestyle provisions, and including them can actually weaken the enforceability of your entire agreement. Keep it focused on finances.

Are postnups common? They are less common than prenuptial agreements, but are gaining popularity and traction. Postnups are becoming more and more normalized as married couples realize the value of financial clarity and alignment on financial terms. The stigma around drafting up a contract with your fiancé or spouse is waning, and it’s becoming increasingly common to put a contract in place with your betrothed.  How a postnuptial agreement works when you get a divorce A postnuptial agreement generally doesn’t come into play until a divorce is on the horizon. It is used as a tool for the couple, divorce attorneys, and the judge to understand how to divide property and debt. Instead of negotiating things like “Who gets the house,” the postnup will typically answer those questions. This speeds up the divorce process, saving both time and money. Only if one of the parties challenges the enforceability of the agreement or some of its terms will the validity of the postnup come into question. One party may no longer like the terms of the postnup and argue the agreement shouldn’t be enforced.  reasons to get a pOSTnup Real life examples Keeping assets separate Student debt Financial gifts Inheritance The business owner

Keeping assets separate

Protecting Your Property After "I Do": Kelly & Josh's Story: ‍ Kelly and Josh are in their mid-30s and recently got married. Before they met, Kelly purchased a condo on her own — a milestone she worked hard to achieve. When their relationship got serious, Josh moved in and began contributing to rent and shared expenses like utilities. Now that they're married, Kelly wants to make sure that her condo remains her property alone. After all, she bought it with her own money, long before Josh was in the picture. ‍ What Kelly Wants to Protect: Kelly isn't just thinking about the condo as it stands today. She wants to protect: Her initial investment — the down payment she made entirely on her own Any appreciation in value the condo gains during their marriage, even while Josh lives there or it serves as their primary marital home The proceeds from a future sale — so that if the condo is ever sold, that money stays hers ‍ How a Postnuptial Agreement Can Help: It's not too late. Even though Kelly and Josh are already married, a postnuptial agreement gives them the opportunity to put these terms in writing now. In their postnup, Kelly can designate the condo as her separate property and specify that any appreciation in value during the marriage remains hers as well. If the condo is sold down the road, the agreement can clearly state that the proceeds are Kelly's separate property — and if those proceeds are rolled into a new home they buy together, the postnup can ensure that Kelly's contribution doesn't simply dissolve into marital (or community) property. ‍ Why This Matters: Depending on the state they live in and the length of their marriage, a condo that Kelly bought before the wedding could eventually be considered marital property — and subject to division in a divorce. Without a postnuptial agreement, the years Josh spends living there, or the fact that it becomes their shared home, could blur the lines around ownership. ‍ A postnup lets Kelly and Josh get ahead of that ambiguity together. By agreeing in writing that the condo — along with any appreciation and the associated mortgage — remains Kelly's separate property and separate debt, they protect both Kelly's investment and the clarity of their financial future as a couple.

Student debt

Kelly is carrying $200,000 in student debt from her undergraduate and graduate degrees — and she's not done yet. A PhD program is on the horizon, which means more loans to come. Josh graduated debt-free. Now that they're married, Kelly wants to make sure her student debt, past and future, stays hers alone. How a Postnup Helps: In their postnuptial agreement, Kelly and Josh can specify that her student loans — existing and future — remain her separate debt and are never considered joint marital debt. It protects Josh from inheriting financial responsibility that was never his, and gives Kelly the freedom to pursue her PhD without it affecting their shared finances. Why It Matters: In a divorce, judges in many states have broad discretion over how debt is divided. A judge could assign a portion of Kelly's debt to Josh — especially if he's seen as having benefited from her advanced degrees and higher earning potential. A postnup takes that decision out of a judge's hands entirely.

Financial gifts

Kelly's parents have always been generous with her, and they plan to keep it that way now that she's married. The regular monetary gifts they give her aren't going to stop just because she has a husband. Josh, for his part, is thrilled. He's been dreaming about cutting back on work, taking more vacations, and maybe finally chasing his goal of becoming a surf instructor. In his mind, Kelly's family gifts could make that lifestyle a real possibility. Kelly sees it differently. Those gifts come from her parents — not from their marriage — and she believes they should be invested in her separate investment account and stay her separate property. What's Actually at Stake: This isn't just a difference of opinion. Without a postnuptial agreement, the law may have already decided this for them. In most states, monetary gifts received during a marriage are automatically classified as marital or community property — meaning they belong to both spouses equally, regardless of who received them or where they came from. That's where a postnup changes everything. How a Postnuptial Agreement Can Help: Even though Kelly and Josh are already married, a postnuptial agreement gives them the power to decide for themselves how monetary gifts are classified — rather than leaving it up to state law. In their postnup, they can specify that: 1. Gifts from Kelly's parents remain her separate property , to be invested or used at her discretion. 2. Those gifts are never considered marital or community property , regardless of when they are received during the marriage. 3. Josh has no claim to those funds , in the event of a divorce or separation Of course, the agreement could also go the other way — if Kelly and Josh mutually agree that gifts should be shared, the postnup can reflect that too. The point is that the decision belongs to them, not to a default legal classification. Why This Matters: Without a postnuptial agreement, most states will treat monetary gifts received during a marriage as shared marital property. That means in the event of a divorce, Josh could have a legal claim to a portion of gifts that Kelly's parents gave specifically to her. A postnup puts Kelly and Josh in the driver's seat. By agreeing in writing on how gifts should be treated, they eliminate ambiguity, protect Kelly's family contributions, and make sure both spouses are on the same page — before any disagreement has a chance to grow.

Inheritance

Kelly's parents plan to pass down a significant inheritance to her one day. They love Josh, but they want to make sure that wealth stays in the family — and they've asked Kelly and Josh to address it in a postnuptial agreement. Kelly and Josh agree: any inheritance either of them receives from their own family should remain that spouse's separate property. A postnup makes that official. Why This Is Increasingly Common: This situation is playing out across the country. As baby boomers begin transferring an unprecedented amount of wealth to their millennial children, more parents are asking their kids to get a marital agreement in place before — or after — the wedding. Whether it's a family business, real estate, or a financial inheritance, parents want to know their life's work won't be divided in a divorce. Why It Matters: Inheritance law varies significantly by state. In some states, inheritance is automatically kept out of the marital estate. In others, anything received during the marriage is fair game for division. A postnuptial agreement removes that uncertainty — giving both families peace of mind and giving Kelly and Josh full clarity on where they stand.

The business owner

Larry is a W-2 employee who plays it safe with money. His husband Jerry is an entrepreneur — a risk-taker who's building his own business. It may not pan out, or it may pay off big. Either way, they want to make sure their finances stay clearly defined. How a Postnup Helps: In their postnuptial agreement, Larry and Jerry can specify that any debt Jerry takes on for his business remains solely his — and that any income or equity the business generates is solely his as well. What's risky stays with Jerry. What's rewarding does too. Why It Matters: Without a postnup, Larry could be held responsible for Jerry's business debt in a divorce — and entitled to a share of Jerry's business equity. Business-related divorces are among the most complex and expensive, often requiring business valuation experts, deep financial discovery, and even trial. A postnuptial agreement lets Larry and Jerry decide together how the business should be treated, and keeps that decision out of a courtroom. Join waitlist Book a free consultation How a postnup benefits you

Discuss your dreams, desires, and goals for your marriage

A postnup gives you and your spouse a structured way to revisit the big-picture stuff—your shared financial goals, career ambitions, and the life you're building together. Think of it as an intentional check-in that keeps you both aligned and moving in the same direction. It's not about worst-case scenarios; it's about making sure you're on the same page for the best-case ones, too.

Protect your current and/or future business

Started a business after you said "I do"? A postnup can help you define what's marital property and what stays with the business owner, so your company—and the hard work you've poured into it—stays protected. Whether you're a founder, freelancer, or side-hustler-turned-CEO, a postnuptial agreement ensures your entrepreneurial efforts are accounted for on your terms.

Decide if certain laws like Spousal Support/Alimony are right for you

Default state laws don't know your relationship—you do. A postnup lets you and your spouse decide together whether spousal support makes sense for your situation, and if so, how much and for how long. Instead of leaving those decisions to a judge, you get to create an arrangement that reflects your unique circumstances and feels fair to both of you.

Navigate property division with clarity

Who gets the house? What about investments acquired during the marriage, or that inheritance you just received? A postnup takes the guesswork out of property division by clearly outlining what belongs to whom—separate property, shared assets, and everything in between. It's one of the smartest ways to avoid conflict and protect what matters most to both of you.

Second marriages and second chances

If you've been through a divorce before, you know firsthand how important financial clarity is in a marriage. A postnup lets you safeguard assets you're bringing into a new chapter—like property, retirement accounts, or plans for your children from a previous relationship. It's not about distrust; it's about building your next chapter on a foundation of transparency and mutual respect.

Ultimate peace of mind for a lifetime

At the end of the day, a postnup is about choosing each other with eyes wide open. It removes financial uncertainty from your relationship so you can focus on what really matters—building a life together. Couples who get a postnup aren't planning for failure; they're investing in the kind of honest, secure partnership that actually lasts.

How do I get a postnup? When it comes to creating a postnup, most couples feel stuck between two options: - Hiring an attorney (expensive, intimidating, and often overkill for straightforward finances)

• Going DIY online (cheap, but risky—you worry it won’t hold up in court)

With Postnup.com you don’t have to compromise. You can complete your postnup just you two, then use attorneys for both of you, too. Using Postnup.com means you get the legitimacy and protection of an attorney-reviewed process with the affordability and convenience of an online platform. Join waitlist concerns that we solve Why couples choose Postnup.com ”I just want to feel secure.” For many couples, they’re not planning on splitting up. Postnup.com is built for people who want peace of mind and to advance their relationship to the next level of trust. “I considered going to a law firm attorney but couldn’t justify the cost.” Going straight to an attorney's office can cost over $10,000. Postnup.com costs a fraction of that—without sacrificing security. “I don’t want this to feel like a divorce.” Aligning on finances doesn't have to feel adversarial. Postnup.com is the collaborative approach that brings you closer together, not drift apart. “Thought about writing one myself, but I don't know what I don't know.” Whether using AI or Googling templates, most realize a DIY postnup may not hold up in court. Postnup.com gives you a real, enforceable legal document you can trust. “Once we have a postnup, I'll feel relieved.” You don't need to wonder "what would happen if?" You can align with your partner and feel really confident in your marriage with a plan in place via postnup, instead. The outcome A postnup isn’t just paperwork. It’s confidence in your future. With Postnup.com, couples know: They will both feel a sense of relief Their agreement is legitimate, enforceable, and comprehensive. They got it done together, simply, and affordably. No compromises. No second-guessing. Just secure, peace of mind. Join postnup waitlist A postnup is no longer a taboo — it’s a to-do. Get a state-specific notarized postnup online without overspending on money or time. Join postnup waitlist

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