Updated January 23, 2023
A South Carolina postnuptial agreement lets married couples decide how they want their property to be distributed if their marriage ends in death or divorce. Separating couples could face the state’s default rules for property division without a postnuptial or prenuptial agreement. However, unlike prenuptial agreements, which are signed before marriage and commonly known as “prenups,” postnuptial agreements are signed after marriage.
While South Carolina law allows prenups, there is far less guidance for postnuptial agreements. Parties hoping to prepare a postnuptial agreement may want to consult with a local attorney.
Laws
Marital Property: Marital property does not include property excluded by the parties’ written contract. See S.C. Code Ann. § 20-3-630.