Louisiana Postnuptial Agreement

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Updated August 07, 2022

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Louisiana postnuptial agreement is a contract between spouses that governs how certain property will be distributed if their marriage ends in divorce or death. While premarital agreements, commonly called prenups, are signed before marriage, postnuptial agreements are signed after a couple is already married. In Louisiana, there are special requirements for postnuptial agreements entered into after a year or more of marriage.

Signing Requirements (La. Civ. Code art. 2329) – Both parties must sign the agreement and submit it to a court for approval before it is considered valid.

Laws

Permitted Content: Spouses may enter into a marital agreement before or during marriage as to all matters that are not prohibited by public policy. La. Civ. Code art. 2329

Spousal Support: Postnuptial agreements obligating one spouse to pay permanent periodic spousal support, regardless of a determination of fault, need, or ability to pay, are against public policy and void. Williams v. Williams (2000).

Approval: During the first year living together in Louisiana, spouses may enter into a marital agreement without court approval. After a year, spouses may enter into a marital agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that:

  1. The agreement serves their best interests, and
  2. They understand the governing principles and rules.

La. Civ. Code art. 2329