Most people are familiar with prenuptial agreements — contracts signed before a wedding that outline how assets and debts will be handled if the marriage ends. But fewer people know that couples who are already married have access to a similar tool: the postnuptial agreement. In California, postnuptial agreements are a legitimate and increasingly popular way for married couples to address financial matters without waiting for a divorce to force the conversation.
If you and your spouse have experienced significant financial changes, built a business together, or simply want to get on the same page about money and property, a postnuptial agreement may be worth exploring. Law Office of Michael L. Fell helps couples draft and review these agreements to ensure they are legally sound and genuinely protective.
What a Postnuptial Agreement Covers
A postnuptial agreement is a written contract entered into by two people who are already married. Like a prenuptial agreement, it can address a wide range of financial matters, including:
- How property and assets will be divided in the event of divorce or death
- Whether certain assets will be classified as separate or community property
- How debts accumulated during the marriage will be handled
- Spousal support terms if the marriage ends
- Protections for a business owned by one or both spouses
- Financial provisions for children from prior relationships
What a postnuptial agreement cannot do is determine child custody or child support arrangements — those decisions are always made by a court based on the best interests of the children at the time of any separation or divorce.
Why Couples Choose to Create One
There is no single reason couples pursue postnuptial agreements. Some do so after a financial windfall — an inheritance, a business sale, or a significant salary increase — that changes the economic landscape of the marriage. Others create one after a period of financial conflict, using the agreement as a way to establish clear boundaries and reduce ongoing tension around money.
Some couples use postnuptial agreements when one spouse decides to leave the workforce to care for children or aging parents, wanting to ensure that sacrifice is recognized and protected legally. Others turn to them after one spouse starts a new business, creating a need to separate business risk from marital assets.
In some cases, a postnuptial agreement is part of reconciliation after infidelity or a serious breach of trust — a structured way to rebuild the relationship with clearer expectations and legal accountability.
What California Courts Require
California courts will enforce a postnuptial agreement only if certain conditions are met. Both spouses must enter the agreement voluntarily and with full knowledge of each other’s financial situation. Courts look closely at whether there was any pressure, coercion, or concealment of assets when the agreement was signed.
For this reason, it is strongly advisable for each spouse to have independent legal counsel when creating a postnuptial agreement. An agreement signed without both parties having access to their own attorney is more vulnerable to being challenged or invalidated later.
The agreement must also be in writing, signed by both parties, and notarized. Verbal agreements about marital finances carry no legal weight in California.
Starting the Conversation
Bringing up a postnuptial agreement can feel uncomfortable, but many couples find that the process of creating one actually strengthens their relationship by opening honest conversations about finances, expectations, and long-term goals.
The key is approaching it as a shared project rather than a unilateral demand. When both spouses participate in the process with the support of experienced legal counsel, the result is an agreement that genuinely reflects both parties’ needs.
Law Office of Michael L. Fell has extensive experience drafting and reviewing prenuptial and postnuptial agreements for California couples. Call 949-585-9055 to schedule a free consultation and find out whether a postnuptial agreement makes sense for your situation.