Pennsylvania Postnuptial Agreement

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Updated August 07, 2022

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Pennsylvania postnuptial agreement is a legal document that lets couples decide how to distribute their assets should their marriage end in divorce or death. Postnuptial agreements allow couples to avoid the uncertainty inherent in divorce when judges have the discretion to redistribute assets.

Postnuptial agreements are signed after a couple has already been married. This sets them apart from prenuptial agreements, which are signed by couples before getting married.

Signing Requirements (Lugg v. Lugg (2013)) – Both parties must sign the agreement.


Validity: Marital property does not include property excluded by the parties’ valid agreement before, during, or after the marriage. 23 Pa. Stat. and Cons. Stat. Ann. § 3501(a)(2).

Enforceability: Absent fraud, misrepresentation, or duress, spouses should be held to the terms of their postnuptial agreements. Lugg v. Lugg (2013).