A Maryland postnuptial agreement is a legal contract that outlines property rights between spouses after they are married. Unlike prenuptial agreements signed before marriage, postnuptial agreements are created once a couple is already married. Both serve as important estate planning tools, offering protection during uncertain divorce proceedings.
Legal Considerations
- Signing Requirements: Both parties must disclose their assets and sign the document. (Nouri v. Dadgar (2020))
- Dividing Property: Equitable division. (§ 8–205)
Understanding Postnuptial Agreements in Maryland
Considerations
Permitted Content: A husband and wife can create a legally binding deed or agreement concerning alimony, support, property, and personal rights, as per Md. Code Ann., Fam. Law § 8-101(a).
Burden of Proof: Under § 8–101, a spouse challenging a valid separation agreement must typically prove why it shouldn’t be enforced. However, if they can show that there was a confidential relationship between the parties at the time of agreement, the burden shifts to the enforcing spouse to prove why it should be enforced, as per Cannon v. Cannon (2005).
§ 4-204 – Right of Married Woman to Certain Independent Acts, as if Unmarried
A married woman can:
- Engage in a business independently.
- Make contracts with anyone, including her husband.
- Bind herself and her assigns by covenants related to real property or chattels real, if deeded to her after March 19, 1867.
- Form a partnership with anyone, including her husband.
- Sue on any contract, even those made with her husband.
- Sue for the recovery, security, or protection of her property.
- Sue for any tort committed against her.
- Appoint counsel to represent her in specific legal actions.
§ 8-101 – Valid Deeds, Agreements, Settlements
- A husband and wife can create a valid deed or agreement regarding alimony, support, property rights, or personal rights.
- They can also make a valid and enforceable settlement on the same matters.
§ 8-102 – Deed or Agreement Between Spouses Not Bar to Divorce
- A deed or agreement between spouses does not prevent divorce actions.
- Applies regardless of:
- Whether parties were living together or apart.
- Timing relative to divorce grounds (before, after, or during).
§ 8-103 – Provisions Liable to Modification
- Children’s Provision Modification: Courts can modify deed, agreement, or settlement provisions regarding the care, custody, education, or support of minor children if it’s in the child’s best interest.
- Spousal Support Modification (Post-January 1, 1976): Courts can modify spousal support provisions in documents executed after January 1, 1976, unless explicitly stated as non-modifiable by the court.
- Alimony or Spousal Support Modification Exceptions (Post-April 13, 1976): Courts can modify alimony or spousal support provisions in documents executed after April 13, 1976, except when:
- There’s an express waiver of alimony or spousal support.
- It’s specifically stated that the provisions are not subject to court modification.
§ 8-105 – Enforcement by Power of Contempt; Modification
Enforcement by Power of Contempt:
- The court can enforce divorce decree provisions from deeds, agreements, or settlements through contempt power.
- Provisions in these documents, if stated to be incorporated but not merged into the divorce decree, can be enforced either through contempt or as an independent contract.
Modification:
- The court has the authority to modify provisions from deeds, agreements, or settlements that are:
- Incorporated into a divorce decree, regardless of merger status.
- Eligible for modification under specific legal provisions (§ 8-103).
