Updated January 23, 2023
A Nevada postnuptial agreement is a legal document that establishes property rights and responsibilities between a couple should their marriage end in divorce or death. Unlike a prenuptial agreement (commonly called a “prenup”), which is signed before marriage, postnuptial agreements are signed after a couple has already been married. Like prenups, married couples may use postnuptial agreements to avoid some of the uncertainty inherent in divorce proceedings.
However, while the law in Nevada on prenuptial agreements is pretty straightforward, there is less certainty regarding postnuptial agreements. Separation agreements (property distribution agreements signed by married couples in the process of getting divorced) are permitted. Still, the state has not decided whether agreements signed after marriage but before intending to get divorced are allowed. Because of this, consulting with an attorney when preparing a postnuptial agreement is highly recommended.
Laws
Separation Agreements: A married couple cannot by any contract with each other alter their legal relations except as to property, except that they may agree to an immediate separation and may make provision for the support of either of them and their children during such separation. Nev. Rev. Stat. Ann. § 123.080.
Spousal Support: An agreement made while a couple is still living together that contains a provision limiting the responsibility of one spouse to support another violates statutory command and is void. Cord v. Neuhoff (1978).