When most people think of marital agreements, prenuptial agreements (or “prenups”) often come to mind. But what happens if you’re already married and want to set clear financial terms for your marriage? In North Carolina, post-marital agreements—sometimes called postnuptial or reconciliation agreements—can provide clarity and security for couples who want to protect their assets and avoid financial disputes.
What Is a Post-Marital Agreement?
A post-marital agreement is a legal contract between spouses that outlines how assets, debts, and other financial matters will be handled during the marriage or in the event of separation or divorce. Unlike prenuptial agreements, which are signed before marriage, these agreements are created after a couple is already married.
Couples may choose to sign a post-marital agreement for many reasons, including:
- Rebuilding trust after a difficult period – If there has been infidelity or other marital challenges, an agreement can help set financial boundaries moving forward.
- Protecting family wealth – If one spouse receives a large inheritance or family business, they may want to ensure those assets remain separate.
- Clarifying financial expectations – Some couples want to define how money will be handled in the marriage to avoid future conflicts.
Are Post-Marital Agreements Enforceable in North Carolina?
Yes, but with some limitations. North Carolina law allows married couples to enter into agreements after a marriage has occurred, but these contracts must meet strict legal requirements to be valid. The courts may enforce such an agreement if:
- It is in writing and signed by both spouses. Verbal agreements don’t count.
- There is full disclosure. Both spouses must be honest about their income, assets, and debts when creating the agreement.
- It is entered into voluntarily. If one spouse is pressured or coerced into signing, the agreement may not hold up in court.
- It is fair and reasonable. If a judge finds the agreement to be grossly unfair or one-sided, it could be challenged.
Reconciliation Agreements: A Special Type of Agreement
A reconciliation agreement is a specific type of post-marital contract used when a couple is separated but wants to try to reconcile and live together again. North Carolina law recognizes reconciliation agreements as a way for spouses to resolve financial issues while working on their marriage. In particular this is currently the only way for couples to contract about alimony after they are married. Under NC state law, couples who are physically separated can waive or make agreements about alimony using a reconciliation agreement.
However, reconciliation agreements must meet the same legal standards as other post-marital agreements. They cannot waive future child support or go against public policy.
Should You Consider a Post-Marital Agreement?
Post-marital agreements aren’t just for the wealthy. They can help any couple gain financial clarity, avoid misunderstandings, and strengthen their relationship by setting clear expectations. If you’re considering any type of agreement like this, it’s crucial to work with an experienced family law attorney to ensure your contract is fair and enforceable under North Carolina law.
At Rosen Law Firm, we have decades of experience helping couples navigate their options. If you have questions about post-marital agreements, contact us or call 919-787-6668 for a consultation.
