Oregon Postnuptial Agreement

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Updated January 23, 2023

An Oregon postnuptial agreement is a legal document used by couples to determine how their assets should be distributed if the marriage ends in divorce or death. Like prenuptial agreements or “prenups,” postnuptial agreements can be a useful check on the uncertainty inherent in divorce proceedings when judges have broad discretion to distribute assets.

Unlike prenuptial agreements, which are signed before a couple gets married, postnuptial agreements are signed by people already married. This means that different rules apply to them. Oregon also recognizes “marital settlement agreements,” which are signed by married people planning to get divorced and have their own regulations.

Signing Requirements (In re Marriage of Grossman (2005)) – Both parties must sign the agreement.


Equitable Distribution: In divorce proceedings, the court may provide for the distribution of real or personal property between the parties in the way it views as just and proper. Or. Rev. Stat. Ann. § 107.105(1)(f)

Intent to Divorce: Unlike marital settlement agreements, postnuptial agreements are not entered into in contemplation of an imminent divorce. In re Marriage of Grossman (2005).

Enforceability: Where there is a validly executed marital settlement agreement between the parties, the court must evaluate the terms of that agreement and should enforce them if they are within the range of what is just and equitable under the circumstances. In re Marriage of Haggerty (2014).