As marital property states, Maryland and DC take both the husband and wife’s assets and divides this property equitably between both parties should they divorce regardless on how it is titled. A Postnuptial agreement, much like a prenuptial agreemnet, can help safeguard some assets against this process so long as the contract is equitable. Spouses also rely on postnuptial agreements to protect a new family business, minimize debt liability brought on by their partner, or clarify their financial responsibilities during their marriage.

The primary difference between these two marital contracts is that couples create a prenuptial agreement before marriage and enter a postnuptial agreement after saying “I do.” Postnuptial agreements were usually unenforceable until recently, but since states had begun adopting “no-fault” divorce laws, these have become more widely popular.

Like prenuptial agreements, both parties need to have their own attorneys representing their interests during the negotiation process. However, one spouse can have their attorney draw up the initial agreement.