What Is a Connecticut Postnuptial Agreement?
A postnuptial agreement in Connecticut is a legal document that couples sign after marriage. In this agreement, couples can outline how they will handle debt, property, and other financial assets during the marriage. They can also decide what happens to these assets if the marriage ends.
Postnuptial agreements in Connecticut are not governed by a specific statute. Instead, they are interpreted under general contract law principles.
Are Postnuptial Agreements Enforceable in Connecticut?
Connecticut law recognizes and enforces postnuptial agreements if they meet specific legal requirements. For postnuptial agreements to be enforceable in Connecticut, they must be:
- Voluntarily signed by both spouses without any coercion or pressure (In re Marriage of Hicks, 56 CT. App. 65 (1999)).
- Based on complete and honest financial disclosure from both parties.
- Be fair and reasonable to both parties.
Keep in mind that Connecticut courts won’t enforce agreements that are unfair or one-sided. Because of this, it’s strongly recommended that both you and your partner seek independent legal counsel to review the agreement carefully before signing to ensure everything is fair and legally sound.
When Should You Use a Connecticut Postnuptial Agreement?
You should use a Connecticut postnuptial agreement form if you and your spouse want to clarify your financial rights and responsibilities in the event of a divorce or separation.
Postnups work similarly to a prenuptial agreement, which must be signed before the wedding. A postnuptial agreement offers more flexibility than a prenup because it can be created any time after you’re married.
Here are some common reasons why couples in Connecticut consider creating a postnuptial agreement after tying the knot.
- Changes in financial circumstances after marriage, such as one or both partners starting a business, or going through significant income changes.
- Protecting assets that the couple owned either before or during the marriage.
- Deciding how debt will be managed between the partners.
- Setting clear terms for spousal support (alimony) in case of divorce or separation. However, the alimony agreement may be declared invalid if it results in one spouse being eligible for public assistance at the time of separation or divorce.
- Planning for the future, including estate planning and inheritance.
Depending on your financial situation, you can create a postnuptial agreement in Connecticut anytime after your marriage to protect your interests and clarify your rights.
What Can Be Included in a Connecticut Postnuptial Agreement?
There are a variety of financial terms you can include within your postnuptial agreement. Since Connecticut follows equitable distribution, any debts or assets left out of your agreement will be divided fairly between you and your spouse, which may not result in an exact 50/50 split.
Property Rights and Division
You and your partner can decide how to divide property and financial assets. This includes things like your home, savings, and vehicles. You can set these rules while you’re married or if you divorce.
You can use your postnup agreement to label property as either marital or separate:
- Marital property is shared and will be divided fairly between you and your partner if you divorce.
- Separate property belongs only to the spouse named in the agreement and won’t be split.
This helps ensure everyone is on the same page about who owns what. It also reduces the chances of future arguments over ownership and asset division.
Spousal Support (Alimony) Terms
You can decide if either spouse will get spousal support if the marriage ends. Your postnuptial agreement can say if support is waived. It can also set the amount and how long support will last.
The terms must not result in one spouse being eligible for public assistance, or the court may invalidate the agreement.
Management of Debts and Liabilities
You and your partner can specify how debts incurred before or during the marriage, such as credit card debt, loans, mortgages, and any other financial obligations, will be handled.
If your agreement doesn’t clearly specify how debts should be divided, Connecticut courts will divide them equitably during a divorce.
This means that any debt will be split fairly between you and your partner. Setting clear terms in your postnup agreement can protect you and your spouse from unexpected financial burdens later on.
Business Interests and Ownership
If you or your spouse owns a business, the postnuptial agreement can explain how the company and its assets will be handled. This helps keep the business safe in case of divorce.
Estate Planning Provisions
You can include terms related to inheritance and estate planning, such as how assets will be distributed after death. This is especially important in blended families or when protecting children’s inheritance rights.
Sample Connecticut Postnuptial Agreement
Check out our Connecticut postnuptial agreement sample to learn how to structure your agreement properly to protect your financial assets after marriage.
When you’re ready, download and use our customizable form to create your personalized agreement. Available in PDF and Word formats.
How to Create a Valid Postnuptial Agreement in Connecticut
In order to ensure your postnuptial agreement is legally valid and in compliance with Connecticut law, follow these key steps when preparing your agreement.
1. Full Financial Disclosure
Under C.G.S. § 46b-36, both you and your partner must fully disclose your financial information for the postnuptial agreement to be legally binding and valid.
Hiding or withholding information can result in the agreement being challenged or declared invalid in court.
2. Voluntary and Fair Agreement
The agreement must be made freely and without pressure, coercion, or fraud. Both spouses need to understand what they are agreeing to and agree to it willingly.
Connecticut courts do not enforce unfair or one-sided agreements (In re Marriage of Hicks, 56 CT. App. 65 (1999)).
3. Writing and Signing the Agreement
Your postnuptial agreement must be written and signed by both of you to be legal in Connecticut. Oral agreements are not valid, so having a clear written document is important.
4. Notarization and Witnessing
While notarization and witnessing are not legally required in Connecticut, courts usually prefer notarized agreements. This gives better proof that the document was signed freely and without pressure.
5. Keep a Copy Safe
After signing, both you and your partner should keep a signed copy of the agreement in a secure place. This ensures that the agreement is accessible when needed, especially if questions arise later.
Related Documents
- Connecticut Prenuptial Agreement: Download a Connecticut prenuptial agreement to decide how property will be divided if the marriage ends in divorce.
