Understanding Post-Marital and Separation Agreements~ 2 min read

If you’re considering changes in your marriage, it can be helpful to understand your legal options. Post-marital (or postnuptial) agreements and separation agreements are two options that can clarify your rights and responsibilities. Understanding the differences can help you decide which is right for your situation.

What Is a Post-Marital Agreement?

A post-marital agreement is similar to a prenuptial agreement but is made after the wedding. This could be weeks, months, or even years after the date of marriage.  The agreement outlines how financial matters, and property will be handled in the event of a divorce or death. With this agreement, you remain married, but it can specify details like:

• How property and debts will be divided
• How shared accounts and expenses will be handled
• Estate planning provisions
• Future spousal support and attorney fees

While post-marital agreements are generally upheld, they might not hold up in court if they are one-sided or lack legal representation for both spouses. Having attorneys for each spouse is essential to help protect the validity of the agreement.

What Is a Separation Agreement?

A separation agreement is a contract used when a couple is legally separating or going through a divorce. It’s a formal document that addresses:

• Division of assets and debts
• Spousal support and attorney fees
• Child custody and support (modifiable later if needed)

Unlike a post-marital agreement, a separation agreement is tied directly to a legal process. Once a judge approves it, it is final and very hard to change—unless things like child support or custody need to be adjusted.

Legal Separation vs. Divorce

A legal separation lets you divide financial responsibilities and property while staying legally married. People may choose this route when:

• One spouse needs to stay on the other’s health insurance plan, and it is allowed by the plan.
• A couple wants to remain married but establish clear financial boundaries and liabilities.
• One spouse wants to protect businesses or other financial interests without dissolving the marriage.

In a legal separation, all property and liabilities are divided as in a divorce, but the marriage itself remains intact.

Which Agreement Is Right for You?

Determining the right agreement depends on your unique circumstances. A post-marital agreement is designed to clarify how financial matters will be managed while you remain married. On the other hand, a separation agreement outlines the division of assets and responsibilities during a period of separation, whether you are deciding to stay together or move forward with a divorce.

Contact Family Ally

If you’re considering a post-marital or separation agreement, Family Ally in St. Louis is here to assist you. Our dedicated team can guide you through the process and help you protect what matters most.. Contact Jennifer Piper at 314-449-9800 to schedule a consultation. 

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.