Marital Agreements

There are several different types of agreements related to marriage. The main contract is the marriage contract itself, which is your agreement to marry your spouse. Other agreements that married persons may enter into include:

  • Prenuptial agreement: you and your spouse may enter into a contract before you get married that relates to the property and financial assets, like stocks, you each have before marriage and how your property and assets will be handled during, and potentially after the marriage.
  • Postnuptial agreement: you and your spouse may decide after you are married that you want to have a contract dealing with your property and assets, and how they will be divided in the event of divorce or death.
  • Separation agreement: you and your spouse may agree to live separately and apart from one another without getting divorced. The separation agreement addresses how you and your spouse want to handle child support, child custody and visitation, spousal maintenance, and dividing up your property and assets.
  • Marital settlement agreement: you and your spouse may agree to end your marriage and you may be able to agree on the details without getting the court involved. The marital settlement agreement, also called a stipulation of settlement addresses how you and your spouse want to handle your property and assets, spousal and child support obligations, and visitation and custody arrangements without court involvement.

While each of these agreements can usually be enforced by either spouse against the other, under certain circumstances, the agreements may be challenged and a court may find that the agreement is not valid.

Legal Editor: Elliot Polland, April 2015

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

Back to top

Our Lawyers

Our lawyers are screened and approved – they have all gone through an application and interview process. Each lawyer we recommend has been screened for significant experience, knowledge of ethics codes and rules, and law office practices, including customer service skills and handling of fees and billing.

Learn More

About Us

When you call us, you will be speaking with an attorney. One of our attorney referral counselors takes your call and talks with you about your legal question, or reviews your online referral request. There is no charge to speak with one of our attorney referral counselors — we’re here to help.

Learn More