A Utah postnuptial agreement is a contract that lets individuals in a marriage decide on their property obligations and rights if their marriage ends due to death or divorce. Postnups are similar to prenups, but they offer flexibility because spouses can enter them after marriage instead of before.
Legal Considerations
Title 30 of the Utah Code discusses factors relating to husband and wife, including their marriage, property rights, and divorce matters.
- Signing Requirements: The husband and wife must sign the postnup because this document is subject to basic contract principles (Peirce v. Peirce 994 P.2d 193 (2000)).
- Dividing Property: Equitable division (§ 30-3-5).
Understanding Postnuptial Agreements in Utah
Scrutiny and Consideration
The Peirce v. Peirce case creates two important takeaways for spouses creating postnups:
- Scrutiny: The closeness of a husband and wife subjects them to a high level of scrutiny. Each party is held to the highest degree of candor, honesty, and good faith when negotiating and executing this agreement.
- Consideration: Since a postnup is subject to contract principles, it must contain adequate consideration.
Asset and Property Rights
Property Ownership
- The property of one spouse may not be reached by the other spouse’s creditor to satisfy a liability, obligation, or debt of the other spouse. [1]
- If either spouse obtains control or possession of property belonging to the other before or after marriage, the property owner may maintain an action therefor, or for any right originating from the same, in the same manner, and to the same extent as if they weren’t married. [2]
Capacity to Contract
- A wife can make contracts as if she were unmarried.
- She may also incur liabilities or enforce those made against her in the same manner and to the same extent as if she were single. [3]
Business and Earnings
- A lien, transfer, or conveyance that a husband or wife executes to or in favor of the other shall be valid as if the transaction occurred between other people. [4]
Marriage and Divorce
Separation Agreement
- Spouses can write a separate agreement to resolve property disputes and can petition through a court for a separate maintenance action or temporary separation order. [5] [6]
Spousal Support
- The court determines various factors in determining alimony, such as the marriage’s length, who has custody of any children that came from the marriage. the standard of living during the marriage, and the recipient’s ability to produce income. [7]
Marriage Solemnized Out of State
- A marriage solemnized in another state is valid if it isn’t otherwise void or prohibited. [8]
Estate Planning and Inheritance
Inheritance Rights
- The decedent’s surviving spouse will receive the entire intestate estate if the decedent has no living descendants or if all of the decedent’s surviving descendants are also the surviving spouse’s descendants. [9]
- The decedent’s surviving spouse’s intestate share will be the first $75,000 and half of the intestate estate if the decedent has surviving descendants.
