Prenuptial and Postnuptial Agreements

A prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

A postnuptial agreement is an agreement between spouses after marriage in the event of death, separation or divorce and to be effective upon death, separation, or divorce.

Prenuptial and postnuptial agreements must be in writing and signed by both parties. These agreements are enforceable under Maryland Contract Law.

Parties to a prenuptial or postnuptial agreement may contract with respect to:

  • The rights and obligations of each of the parties in any of the property of either or both of them regardless of when or where the property acquired or located.
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
  • Spousal support or alimony.
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
  • The ownership rights in and disposition of the death benefit from a life insurance policy.
  • The choice of law governing the construction of the agreement.
  • Any other matter, including their personal rights and obligations, not in violation of public policy or statute imposing a criminal penalty.