Montana Postnuptial Agreement

In recent years, postnuptial agreements have gained popularity among married couples seeking a mechanism for predetermining the disposition of their property in the event of death or divorce.

There are several reasons why a couple might wish to adopt a postnuptial agreement. For example, a couple that did not sign a prenuptial agreement before marriage may later determine that they want to have some sort of financial plan in place in the event of death or divorce. Additionally, a major change in the financial circumstances of the couple, such as a major career change or inheritance, may alter the financial landscape, requiring a change to the terms of the couple’s existing prenup to reflect their current wishes.

While a postnuptial agreement may not be as strong of an option as a prenup, it still may be better than having no agreement at all. Without such agreements, the state may either grant each spouse one-half of the marital assets (if they live in a community property state ) or divide the assets based on an equitable distribution (if they live in a non-community property state). Any non-traditional or specific allocations that you wish to make should be covered by either a prenuptial or postnuptial agreement to avoid the standard distributions.

Among others, this form includes the following key provisions:

Separate Property Specified: Identifies the property that remains the separate property of each spouse
Shared Property Specified: Identifies the property that is shared amongst the spouses
Determination of Type of Property: Clarifies how the property type, whether separate or shared, will be determined
Alimony, Support, and Maintenance: Provides for any alimony, support and maintenance should a divorce occur
Wills and Other Transfers of Properties: Specifies the effects divorce will have on wills and other transfers of properties

This attorney-prepared packet contains: