Free Maryland Postnuptial Agreement Template

A Maryland postnuptial agreement is a written contract spouses sign during the marriage about property, support, and alimony. Maryland’s Family Law Article expressly allows spouses to make these agreements with each other.

Spouses Can Contract on These Topics

A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights. They may also make a valid and enforceable settlement of those matters (Md. Code, Fam. Law § 8-101).

Agreements Can Exclude Marital Property

Marital property is property, however titled, acquired by one or both spouses during the marriage. It doesn’t include property excluded by valid agreement (Md. Code, Fam. Law § 8-201(e)).

Alimony Terms Stay Modifiable by Default

A court may modify any alimony or spousal support provision in a deed, agreement, or settlement signed on or after April 13, 1976. That’s true regardless of how the provision is stated. However, there are two exceptions: an express waiver of alimony or spousal support, or a provision specifically stating those terms aren’t subject to court modification (Md. Code, Fam. Law § 8-103(c)).

With express wording. Without it, a court may modify them (§ 8-103(c)). The agreement needs either an express waiver of alimony or spousal support, or a provision specifically saying those terms aren’t subject to court modification.

So decide on this deliberately, and together. Also note that the rule covers spousal support as well as alimony, so review both. If you want fixed alimony terms, your Maryland postnuptial agreement needs a clear non-modification clause tied to the alimony section. Alternatively, if you want flexibility, leave that clause out on purpose.

Put together a Maryland postnuptial agreement in this order:

1. Name excluded property. Identify each asset the agreement keeps out of the marital estate.
2. Decide on alimony. Choose between specific terms, an express waiver, or leaving it open.
3. Choose modifiability. Decide whether alimony terms should be open to court modification.
4. Draft the clauses separately. Keep the alimony and non-modification language in their own section.
5. Share complete financial information, then give each spouse time to get independent advice.
6. Sign and date the agreement, then store it with your financial records.

Cover the topics Maryland law names:

• Property rights — assets excluded from marital property
• Alimony terms — amount, duration, or an express waiver
• Modification clause — whether a court may change the alimony terms
• Support terms — other agreed financial support
• Signature lines — both spouses, each dated