More and more often, married couples are executing postnuptial agreements after the wedding. Like the better known prenuptial agreement, a postnuptial agreement sets out the couple’s rights, obligations, and liabilities upon the termination of the marriage be death or divorce. The difference is that a postnuptial agreement is executed sometime after the wedding where a prenuptial agreement must be done before the marriage.
Montana specifically allows married couples to contract with one another, meaning that postnuptial agreements are allowed by statute in the state. Montana couples can include provisions for division of property or even spousal support in the event of death. If you are considering having a postnuptial agreement created, it is important to work with a lawyer familiar with family law and all the legal considerations that go along with divorce.