A Rhode Island postnuptial agreement is a legal contract between individuals who are already married that outlines how they will disperse their property if their union ends in death or divorce. It can be wise for spouses to create a postnuptial agreement because, like a prenuptial agreement, it helps individuals strategize their estates.
These documents also take priority over the state’s default procedures for property distribution. Please note that Rhode Island state law is ambiguous regarding postnups. It’s best to hire an experienced attorney to guide you through creating your document. If you draft it yourself, you must familiarize yourself with case law and laws surrounding prenups that apply to postnups.
Legal Considerations
Title 15 of the Rhode Island General Laws, in addition to some case law, commands elements of domestic and marital relations, including postnups.
- Signing Requirements: Both spouses must sign the agreement and have their signatures properly witnessed (Marsocci v. Marsocci, 911 A.2d 690 (R.I. 2006)).
- Dividing Property: Equitable distribution (§ 15-5-16.1).
Understanding Postnuptial Agreements in Rhode Island
§ 15-4-3 – Power to Contract
- A married woman can enter into a contract in the same manner as an unmarried, single woman. Both individuals will have the same liabilities and rights.
§ 15-4-4 – Conveyance of Property
- A married woman can sell and transfer or directly take from any person (including her husband) any estate or interest in real or personal property as if she were unmarried and single.
§ 15-17-3 – Content
- A postnup may contain provisions pertaining to the following elements:
- Any matter pertaining to the couple that doesn’t violate public policy
- The making of a trust, will, or another arrangement to fulfill the postnup’s terms.
- Property rights, obligations, and disposition.
- Spousal support or alimony (including its modification or termination)
- Life insurance policies (including the disposition and ownership rights)
- The governing law of another state (if the couple agrees)
§ 15-17-6 – Unenforceability
- A postnup agreement won’t be enforceable if any of the following statements are true:
- One or both parties entered the agreement involuntarily.
- Either party didn’t provide a fair and reasonable disclosure of the other’s financial situation.
- The agreement is unfair and heavily favors one party.
