Tax Facts

9095 / What is a postnuptial agreement?

Updated: December 20, 2024 at 06:24 AM
Generally, a postnuptial agreement is an agreement entered into between two spouses who plan to continue their marriage—meaning that a postnuptial agreement is not the same as a separation agreement or a property settlement agreement. Postnuptial agreements are also referred to as reconciliation agreements, because they are commonly entered into after the spouses have experienced a period of marital discord that has alerted the parties to the possibility of future separation or divorce.


Like a prenuptial agreement, postnuptial agreements commonly deal with the financial consequences of a separation or divorce, or the death of one spouse. As a result, and because of the relationship between the parties, the rules governing prenuptial agreements ( Q 9092 to Q 9093) will govern postnuptial agreement disputes in many states.


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