October 11, 2019 Feature

Postmarital Agreements: Validity and Enforceablility

By Linda J. Ravdin


A postmarital agreement is an agreement entered into during marriage to define each spouse’s rights in the event of death or divorce. The term commonly refers to an agreement made at a time when separation or divorce is not imminent.1 By contrast, a separation agreement is an agreement made after the marriage has already broken down and the parties intend to separate or have already done so.2

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