Wisconsin Postnuptial Agreement

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.

Wisconsin postnuptial agreement is a contract between spouses that lets them decide how to distribute their marital property should the marriage end in divorce or death. Couples may pursue a postnuptial agreement to avoid the uncertainty associated with the divorce process when judges have considerable discretion to divide assets.

Postnuptial agreements resemble prenuptial agreements, commonly called “prenups,” but unlike prenups, they are signed after a couple has gotten married, not before.

Signing Requirements (Wis. Stat. Ann. § 766.58) – A marital property agreement shall be a document signed by both spouses.


Marital Property: Property acquired during the marriage is usually divided equally between the parties. But a court may alter the distribution if the parties make a written agreement before or during the marriage concerning arrangements for property distribution. Wis. Stat. Ann. § 767.61.

Binding Terms: Property distribution agreements are binding unless the terms of the agreement are inequitable to either party. Courts shall presume any such agreement to be equitable to both parties. Wis. Stat. Ann. § 767.61.

Inequity: An agreement is inequitable if it is unfair in the way it was obtained or in how it distributes property rights. Button v. Button (1986).

Unconscionability: The court decides whether a marital property agreement is unconscionable. Wis. Stat. Ann. § 766.58.