Postnuptial Agreement Template

Clarify property rights, protect separate assets, and establish financial expectations during your marriage. This attorney-drafted postnuptial agreement template helps married couples define ownership, address spousal support, and plan for potential separation without court intervention or expensive legal fees.


Last Updated: Feb. 4, 2026

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What Is the Postnuptial Agreement Template?

A postnuptial agreement is a legally binding contract between spouses that defines how property, assets, debts, and spousal support will be handled during the marriage and in the event of divorce or death. Unlike prenuptial agreements signed before marriage, postnuptial agreements are executed after the wedding.

This template addresses separate versus marital property classification, income and retirement account treatment, debt allocation, business interest protection, and spousal support waivers or predetermined terms. It provides comprehensive options for different financial scenarios while maintaining enforceability standards that courts recognize and uphold.

 

 
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Is This Postnuptial Agreement Right for You?

You need this agreement if you're:

  • Protecting assets acquired before or during marriage
  • Clarifying ownership of business interests or inheritance
  • Addressing financial concerns that arose after marriage
  • Planning estate distribution while both spouses are alive
  • One spouse staying home while the other advances their career
  • Managing disparate income levels or debt obligations

You definitely need this agreement if:

  • One spouse owns a business and wants to protect it
  • You're receiving or expect to receive substantial inheritance
  • One spouse has significantly more debt than the other
  • You want to waive or limit spousal support claims
  • Your marriage is experiencing financial strain or disagreements
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Still unsure?

If you'd be upset discovering your spouse made a $10,000 purchase without telling you, you need this agreement to establish financial boundaries and accountability.

 

Why Thousands Trust Legal GPS Templates

Save Money. Attorneys charge $2,500-$7,500+ to draft postnuptial agreements. Our template costs $35 with the same legal protections.

Save Time. Schedule consultations, wait for drafts, review revisions. That takes weeks. Download this template and complete it in hours.

Look Professional. Attorney-quality language with proper legal structure, comprehensive disclosure provisions, and provisions courts recognize and enforce.

Keeps You Out of Court. Article VII's property division formulas, Article VIII's spousal support provisions, and Article III's separate property definitions prevent disputes by establishing clear terms both parties agreed to upfront.

 

What's Inside This Template?

Article III: Separate Property

Defines what each spouse owns individually and protects assets acquired before marriage, through inheritance, or by gift. Includes transmutation provisions preventing accidental conversion to marital property.

Article VII: Property Division Upon Divorce

Establishes exactly how assets will be divided if you separate, with options for equal division, predetermined percentages, or equitable distribution formulas. Addresses marital residence, retirement accounts, and business interests.

Article VIII: Spousal Support

Allows complete waiver of alimony, predetermined support terms with specific amounts and duration, or conditional provisions tied to marriage length. Prevents surprise support claims during divorce.

Article V: Income and Earnings Treatment

Clarifies whether paychecks earned during marriage are joint marital property or separate property of the earning spouse. Addresses retirement benefits, stock options, and deferred compensation.

Article VI: Debts and Liabilities

Protects each spouse from the other's debts by defining separate versus marital obligations. Establishes consent thresholds for large debts and indemnification provisions.

Article IX: Estate Planning and Death Benefits

Addresses life insurance beneficiaries, testamentary provisions, and inheritance rights. Allows spouses to waive statutory inheritance claims or establish minimum death benefit protection.

 
 
Premium Template
Single-use Template
Legal GPS Pro
Unlimited Access, Best Value
  • 📝 Postnuptial Agreement Template
  • ✔️ Fully customizable and reusable
  • 📝 100+ Premium, Expertly Crafted Contract Templates
  • ✔️ Personalized Legal Checkup
$35
$39/ month
Buy Template
Trusted by 1000+ businesses
 

Get Protected in 3 Simple Steps

Step 1: Secure Checkout

Complete your purchase through our encrypted payment system. Instant access to your template upon confirmation.

Step 2: Instant Download

Download your postnuptial agreement template in Microsoft Word format. Compatible with Word, Google Docs, and other word processors.

Step 3: Fill In the Highlighted Fields

Follow the bracketed guidance and [CHOOSE ONE] options throughout the document. Complete financial disclosure exhibits. Both spouses sign, ideally after independent legal review.

 

Frequently Asked Questions

Can I use this template multiple times?

Yes. Once purchased, you can use this template multiple times and modify it as your financial circumstances change. Create amendments or entirely new agreements as needed.

Is this contract legally binding?

Yes. When properly executed with full financial disclosure, voluntary signatures from both spouses, and ideally independent legal counsel for each party, postnuptial agreements are legally enforceable in all 50 states. Courts uphold them unless they're unconscionable or involuntary.

Do we both need lawyers to review this?

Not legally required in most states, but highly recommended. Independent legal counsel for each spouse significantly strengthens enforceability. Courts scrutinize postnuptial agreements more closely than prenuptial agreements, and having separate attorneys review the agreement helps prove it was entered into voluntarily with full understanding.

Can we modify this agreement after signing it?

Yes, but modifications require written amendments signed by both spouses. You can't orally modify or waive provisions. If your circumstances change substantially, you can create an amended agreement or replace it entirely with a new postnuptial agreement.

What if we divorce in a different state than where we signed this?

Postnuptial agreements generally remain valid if you move. The agreement includes a governing law provision designating which state's laws apply. However, the divorce court in your new state will interpret the agreement, so some provisions may be enforced differently depending on local law.

Will this agreement protect my inheritance from my parents?

Yes, if properly structured. Article III defines inheritance as separate property that remains yours alone. Keep inherited funds in separate accounts, don't commingle them with marital funds, and maintain clear documentation. The agreement prevents your spouse from claiming any portion of your inheritance.

 

 
Premium Template
Single-use Template
Legal GPS Pro
Unlimited Access, Best Value
  • 📝 Postnuptial Agreement Template
  • ✔️ Fully customizable and reusable
  • 📝 100+ Premium, Expertly Crafted Contract Templates
  • ✔️ Personalized Legal Checkup
$35
$39/ month
Buy Template
Trusted by 1000+ businesses