Free Pennsylvania Postnuptial Agreement Template

A Pennsylvania postnuptial agreement is a written contract spouses sign during the marriage about property and what happens at divorce. Pennsylvania’s Divorce Code expressly recognizes agreements made during the marriage.

Agreements Can Exclude Property

Marital property is all property either party acquires during the marriage, plus certain increases in value. It doesn’t include property excluded by valid agreement of the parties entered into before, during, or after the marriage (23 Pa.C.S. § 3501(a)(2)).

Title Doesn’t Decide

Pennsylvania presumes property acquired during the marriage is marital, however it’s titled. That includes joint tenancy, tenancy in common, or tenancy by the entirety. A spouse overcomes the presumption by showing the property falls within a listed exception, such as a valid agreement (23 Pa.C.S. § 3501(b)).

Gifts Between Spouses Are Marital

The statute excludes gifts from third parties, bequests, devises, and inheritances. However, gifts between spouses aren’t in that exclusion, so they’re marital unless another exception applies (23 Pa.C.S. § 3501(a)(3)).

Other Exclusions

Marital property also excludes property acquired after final separation, unless acquired in exchange for marital assets. It likewise excludes property a spouse disposed of in good faith and for value before final separation (23 Pa.C.S. § 3501(a)(4)-(5)).

Yes, potentially, through the agreement exclusion. Because gifts between spouses fall outside the gift exception, a Pennsylvania postnuptial agreement is one way to state that a particular gift should stay with the spouse who received it.

To use the § 3501(a)(2) exclusion, the agreement must be valid. The statute doesn’t define validity in that section, so have a Pennsylvania attorney review terms that reclassify property, especially major gifts like real estate or jewelry.

Careful records make the exclusions easier to prove. Take these steps for a Pennsylvania postnuptial agreement:

1. List property acquired during the marriage. Include items titled to only one spouse.
2. Identify spousal gifts. Note anything one spouse gave the other that should stay separate.
3. Describe exclusions precisely. Identify every asset you both agree to treat as nonmarital.
4. Exchange financial disclosure before signing.
5. Get independent advice. Each spouse should understand what they’re giving up.
6. Sign and date the agreement together, and store copies safely.

Cover these sections:

• Excluded property — each asset, described clearly
• Spousal gifts — which gifts stay with the recipient
• Title information — how each excluded asset is held
• Financial statements — what each spouse owns and owes
• Dated signatures — from each spouse