Are Postnuptial Agreements Enforceable in Pennsylvania?

DK Lucas

1 day ago

5 min read

Updated: 10 hours ago

Yes. In Stoner v. Stoner (2003), the Pennsylvania Supreme Court held that postnuptial agreements are judged by the same contract standards as other agreements, following its earlier decision in Simeone v. Simeone (1990). Full disclosure of each spouse's financial resources is mandatory, and the court does not ask whether the deal was reasonable.

The Stoner agreement itself is the warning. It was a short written statement signed during a separation in which the wife acknowledged receiving $6,000 as a "final cash settlement" and agreed to "sign off" her husband's retirement funds. The Superior Court had thrown it out, reasoning that she had not been told what rights she was giving up. The Supreme Court reversed and enforced it, holding there is no requirement to disclose statutory rights such as alimony or equitable distribution. A brief, informal document signed by two spouses can bind them. This guide explains what makes a postnuptial agreement enforceable in Pennsylvania, how it differs from a prenup, when one makes sense, and how to protect it from challenge. It describes how the law generally works and is not legal advice.

What Is a Postnuptial Agreement?

A postnuptial agreement is a written contract between spouses, signed after the wedding, that sets how property, debts and support will be handled if the marriage ends or one spouse dies. People sometimes call it a postnup or a marital agreement.

It can cover much of what a prenup covers: which assets stay separate, how a business or retirement account will be treated, whether alimony will be paid, and how the agreement fits with each spouse's estate plan. Our post on what a prenuptial agreement covers in Pennsylvania gives a fuller picture of those terms.

Once signed, a marital agreement has real teeth. Under 23 Pa.C.S. § 3105(a), as explained in the comment to Pennsylvania Rule of Civil Procedure 1920.33, an agreement is enforceable by any means available under the Divorce Code for enforcing an order, as though it were an order of court.

Terms can also be built to change over time. Our firm's prenuptial agreement page notes that a premarital agreement can be drafted so its terms shift, for example ending if the marriage lasts more than 15 years. Because Stoner treats a postnup as a contract, spouses have similar room to write terms that fit the stage of the marriage they are in.

What Makes a Postnup Enforceable in Pennsylvania?

Stoner set out the framework:

The agreement is evaluated under ordinary contract principles, the same standard Simeone applied to prenuptial agreements.
Full disclosure of both spouses' financial resources is a mandatory requirement.
The court does not inquire into the reasonableness of the terms.
There is no requirement to tell a spouse about statutory rights, such as alimony or equitable distribution, that the agreement gives up.
An agreement may be set aside on grounds of fraud, misrepresentation or duress.

Put simply, a spouse who signs a postnup with full financial disclosure and without fraud or duress can expect to be held to it, even if the deal later looks one-sided.

What Happened in Stoner v. Stoner?

The facts are worth knowing because they involve so little paperwork. During a separation, the wife signed a written statement acknowledging that she had received $6,000 as a final cash settlement and agreeing to sign off on her husband's retirement funds.

The Superior Court invalidated the document because she had not been informed of her statutory rights. The Pennsylvania Supreme Court disagreed. It held that postnuptial agreements should be treated like other contracts, that disclosure of statutory rights is not required, and it reversed the Superior Court's order. The agreement stood.

For anyone separated or thinking about separating, the lesson is to treat any written deal with a spouse as potentially binding. Our post on what happens to retirement accounts in divorce shows how much a signed "sign off" can be worth.

How Is a Postnup Different From a Prenup?

Timing is the obvious difference, and it changes which rules apply. Pennsylvania's premarital agreement statute, 23 Pa.C.S. § 3106, defines a premarital agreement as one "between prospective spouses made in contemplation of marriage and to be effective upon marriage." A postnup does not fit that definition, so it is governed by Stoner and contract law rather than by § 3106.

For prenups, § 3106 lets a spouse avoid the agreement by proving, by clear and convincing evidence, that it was not signed voluntarily, or that the spouse did not receive fair and reasonable disclosure of the other's property and debts and did not waive that disclosure in writing or have adequate knowledge. Our post on when a prenuptial agreement is not enforceable covers those challenges.

Both kinds of agreement rise or fall on disclosure. Neither gets a fairness review of the terms themselves.

When Does a Postnup Make Sense?

Postnups tend to come up after a change in the marriage. Common reasons include:

One spouse receives an inheritance and wants it kept separate.
A spouse starts or buys into a business. Our page on family business and divorce explains why business interests need early attention.
The couple reconciles after a separation and wants clear terms going forward.
The couple never signed a prenup and wants to set out separate property now.
One spouse has children from a prior relationship and wants the marital agreement to match the estate plan.

How Do You Protect a Postnup From Challenge?

Build the record that Stoner requires. Practical steps:

Attach schedules listing each spouse's assets, debts and income, with values and supporting statements.
Give each spouse time to review the draft rather than presenting it for signature on the spot.
Consider separate lawyers for each spouse. Stoner does not require it, but independent advice makes it harder to argue fraud, misrepresentation or duress.
Keep signed originals and the disclosure documents together.
Revisit the agreement if finances change dramatically, so disclosure stays accurate.

Our post on equitable distribution in a Pennsylvania divorce explains what happens to property when there is no agreement.

FAQ

Are postnuptial agreements legal in Pennsylvania?

Yes. The Pennsylvania Supreme Court held in Stoner v. Stoner (2003) that they are evaluated under the same standards as other contracts.

Will a court check whether my postnup is fair?

No. Under Stoner and Simeone, courts do not inquire into the reasonableness of the terms. They look at disclosure and whether there was fraud, misrepresentation or duress.

Does my spouse have to explain the rights I am giving up?

No. Stoner held there is no requirement to disclose statutory rights such as alimony or equitable distribution. Full disclosure of finances is still required.

Can a postnup be challenged later?

Yes, on grounds such as fraud, misrepresentation, duress or a failure to make full financial disclosure.

Is a postnup enforceable like a court order?

Under 23 Pa.C.S. § 3105(a), a marital agreement can be enforced by any means available under the Divorce Code for enforcing an order, as though it were an order of court.

Do we both need lawyers?

It is not required, but separate counsel for each spouse helps show the agreement was entered knowingly and freely.

Prenuptial and Postnuptial Agreements in Greensburg

David K. Lucas & Associates PLLC, at 140 South Main Street, Suite 301, in Greensburg, drafts and reviews marital agreements for couples in Westmoreland County and the surrounding counties. Attorney Brittney E. Reay is the lead attorney on the firm's domestic relations matters, including divorce and complex equitable distribution, and the firm's estate planning practice can coordinate a postnup with your will and beneficiary designations. Learn more about our prenuptial agreement services.

Visit David K. Lucas & Associates or call 724-836-3300 today. Contact us for more information.