New Mexico Postnuptial Agreement

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.

New Mexico postnuptial agreement is a legal document that spouses can use to determine property rights and obligations if their marriage ends in divorce. Like prenuptial agreements, commonly called “prenups,” postnuptial agreements help couples protect their priorities and account for their unique situation, such as a disparity in assets or developing business opportunities.

Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are signed after a couple has already been married. And while the rules for prenuptial agreements in New Mexico are relatively straightforward, there is less guidance about postnuptial agreements, so those considering an agreement should consider consulting with a local attorney.

Signing Requirements (N.M. Stat. Ann. § 40-2-4) – Agreements must be in writing, signed, notarized, and recorded in every county where the couple holds property affected by the agreement.


Validity: Spouses can contract with one another subject to the general rules of common law that control the actions of persons occupying “confidential relations” with each other. Confidential relationships have a more vital obligation to deal fairly and truthfully. N.M. Stat. Ann. § 40-2-2.

Spousal Support: Postnuptial agreements that limit spousal support may be subject to additional scrutiny. In re Salopek (2005).