Post-nuptial agreements

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Post-nuptial agreements

Anonymous Nov 22, 2008 Business 3 views 2 answers

How do you go about creating a post-nuptial agreement? Are they allowable in community property states? Does it require some "division of property" or can a couple decide after x years of marriage to determine how much of a claim they have on each other's assets? Does it require retitling the home? cars? bank accounts? Can you successfully prevent having to pay for wild spending by the other spouse with one of these? (As in they can spend THEIR money, but not YOURS?)

Gabriel Cheong · Accepted Answer · 2026-06-15T10:25:28+00:00

Note that I am not licensed to practice in your state. This is not intended as legal advice. Please check with an attorney in your state. Post nuptial agreements are rarely ever held up in court because it could be done under the threat of divorce. If you really don't trust the other person then get a divorce. You can still divorce and live together.

Thuongtri Nguyen · Accepted Answer · 2026-06-15T10:25:28+00:00

You likely should check with an attorney licensed in your state. To enforce your agreement, the court of your state likely will want proof of fairness both procedurally and substantively. To find procedural fairness, the court likely want proof of disclosures of all material facts (such as details of debts and assets) and that each side is represented by independent attorneys. The substantive fairness depends on the specific laws of your state.

Post-nuptial agreements

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