Postnuptial Agreements in Michigan: What You Need to Know in 2026

If you’re already married but didn’t sign a prenuptial agreement before your wedding, you might think it’s too late to protect your assets or clarify financial responsibilities. However, Michigan law allows married couples to enter into postnuptial agreements (also called “postnups”) that can address many of the same concerns as prenuptial agreements.

As a Michigan family law firm serving Wayne County and the Downriver area, The Mitten Law Firm helps couples navigate the complex legal requirements of postnuptial agreements. In this comprehensive guide, we’ll explain everything you need to know about postnuptial agreements in Michigan, including when they’re enforceable, what they can include, and how to create one that will stand up in court.

What Is a Postnuptial Agreement?

A postnuptial agreement is a legally binding contract between spouses that is signed after marriage. Like prenuptial agreements, postnups typically address:

• Division of assets and property in the event of divorce or death
• Protection of separate property and business interests
• Spousal support (alimony) arrangements
• Financial responsibilities during the marriage
• Estate planning considerations

The key difference is timing: prenuptial agreements are signed before marriage, while postnuptial agreements are executed during the marriage.

Are Postnuptial Agreements Enforceable in Michigan?

The short answer is yes, but with important limitations. Michigan courts have historically scrutinized postnuptial agreements more closely than prenuptial agreements due to concerns about public policy and the sanctity of marriage.

The Hodge v. Parks Decision

A landmark 2014 Michigan Court of Appeals case, Hodge v. Parks, established that postnuptial agreements can be valid and enforceable in Michigan if they meet certain criteria. The court held that postnuptial agreements are enforceable when they:

• Seek to promote the marriage by helping keep the couple together (not encourage divorce)
• Are equitable and fair to both parties
• Do not leave one spouse in a significantly more favorable position to abandon the marriage
• Are not signed when divorce is “clearly imminent”

This was a significant shift from earlier Michigan case law that generally deemed postnuptial agreements unenforceable as being against public policy.

Why Couples in Michigan Create Postnuptial Agreements

There are many valid reasons why Michigan couples choose to create postnuptial agreements:

Financial Changes

• One spouse receives a significant inheritance
• A spouse starts or acquires a business during the marriage
• Major career advancement or income changes
• Receiving large gifts from family members

Rebuilding Trust

• Financial infidelity or hidden assets have been discovered
• The couple is working through marital difficulties and wants financial clarity
• Reconciliation after separation or filing for divorce

Estate Planning Needs

• Protecting children from previous relationships
• Clarifying what happens to assets upon death
• Addressing concerns about future long-term care costs

Business Protection

• One spouse owns a business and wants to keep it separate from marital assets
• Partners or investors require protection of business interests
• Professional practices (medical, legal, dental) need safeguarding
• Legal Requirements for Valid Postnuptial Agreements in Michigan

For a postnuptial agreement to be enforceable in Michigan courts, it must meet strict requirements:

1. Written and Signed
The agreement must be in writing and signed by both spouses. Oral agreements are not enforceable.

2. Full Financial Disclosure
Both spouses must provide complete and honest disclosure of all assets, debts, income, and financial obligations. Hiding assets or providing false information can invalidate the entire agreement.

3. Voluntary Execution
Both parties must sign the agreement voluntarily, without coercion, duress, or undue influence. Courts will examine:

• Whether either spouse felt pressured or threatened
• If adequate time was given to review the document
• Whether each spouse had the opportunity to consult with an attorney

4. Fair and Reasonable

The agreement must be fair and equitable at both the time of signing and at the time of enforcement. An agreement that is grossly unfair or “unconscionable” to one spouse may be invalidated.

5. Independent Legal Counsel

While not legally required, it is strongly recommended that each spouse have their own attorney review the agreement. Courts scrutinize postnuptial agreements more closely when one or both parties lacked independent counsel.

6. Proper Consideration

Unlike prenuptial agreements (where the marriage itself is the “consideration”), postnuptial agreements require additional consideration. Each spouse must receive something of value that they wouldn’t otherwise be entitled to under Michigan law.

7. Cannot Encourage Divorce

This is the most critical requirement in Michigan. The postnuptial agreement cannot:

• Make divorce financially more attractive than staying married
• Be signed when divorce is imminent or clearly anticipated
• Contain provisions that incentivize either party to leave the marriage

The agreement should demonstrate the couple’s intent to strengthen and preserve the marriage, not facilitate its dissolution.

What Can a Postnuptial Agreement Cover in Michigan?

Michigan postnuptial agreements can address various financial and property matters:

Allowed Provisions:

• Property division: How assets acquired before and during marriage will be divided
• Separate property: Designation of certain assets as separate property
• Spousal support: Terms for alimony in the event of divorce
• Business interests: Protection of business ownership and valuation methods
• Real estate: Division of homes, vacation properties, and rental properties
• Retirement accounts: Treatment of 401(k)s, IRAs, and pensions
• Debt allocation: Responsibility for existing and future debts
• Estate planning: Rights to each other’s estates upon death
• Financial management: How household expenses will be handled during marriage

Prohibited Provisions:

• Child custody: Courts decide custody based on the child’s best interests, regardless of what parents agree to
• Child support: Child support obligations cannot be waived or limited
• Illegal terms: Any provisions that violate Michigan or federal law
• Personal conduct: Non-financial aspects of marriage (e.g., household chores, relationship expectations)

The Difference Between Postnuptial Agreements and Separation Agreements

It’s crucial to understand that a postnuptial agreement is not the same as a separation agreement or divorce settlement.

Postnuptial Agreement:

• Signed while the couple intends to stay married
• Purpose is to strengthen the marriage and resolve financial concerns
• Divorce cannot be clearly imminent at the time of signing
• Takes effect only if certain events occur (divorce or death)

Separation Agreement:

• Signed when divorce is inevitable or imminent
• Purpose is to settle divorce terms
• Takes effect immediately or upon divorce filing
• Courts treat this as a divorce settlement, not a postnup

Michigan courts will examine the circumstances surrounding the signing to determine which type of agreement it truly is. If divorce proceedings have already been filed or are about to be filed, the agreement is likely a separation agreement, not a postnuptial agreement.

Common Mistakes That Invalidate Michigan Postnuptial Agreements

Many postnuptial agreements fail in court due to these common errors:

1. Using Online Templates Without Legal Review
DIY postnuptial agreements often lack the specificity and legal language necessary to be enforceable in Michigan. Generic templates don’t account for Michigan’s unique requirements.

2. Signing Under Pressure or Ultimatums
If one spouse threatens divorce unless the other signs, or creates a situation where the spouse feels coerced, the agreement may be deemed invalid.

3. Incomplete Financial Disclosure
Failing to disclose all assets, income sources, or debts is one of the fastest ways to have a postnuptial agreement thrown out.

4. Grossly Unfair Terms
An agreement that leaves one spouse destitute while the other retains all assets will likely be deemed unconscionable and unenforceable.

5. No Independent Legal Counsel
While not legally required, the absence of separate attorneys for each spouse gives Michigan courts reason to scrutinize the agreement more closely.

6. Provisions That Encourage Divorce
Terms that make one spouse significantly better off divorced than married will cause Michigan courts to invalidate the entire agreement.

7. Not Updating for Changed Circumstances
A postnuptial agreement that was fair when signed may become unfair over time due to changed circumstances, making it unenforceable.

How to Create a Valid Postnuptial Agreement in Michigan

If you’re considering a postnuptial agreement, follow these steps to ensure it will be enforceable:

Step 1: Open Communication
Discuss with your spouse why a postnuptial agreement makes sense for your situation. Both parties should understand the purpose and be willing participants.

Step 2: Full Financial Disclosure
Each spouse should prepare a complete list of:

• All assets (real estate, vehicles, investments, retirement accounts, business interests)
• All debts (mortgages, credit cards, loans, business debts)
• Income sources and amounts
• Future inheritances or gifts (if known)

Step 3: Hire Separate Attorneys
Each spouse should retain their own experienced Michigan family law attorney. This ensures:

• Both parties understand their rights under Michigan law
• The agreement is properly drafted to comply with legal requirements
• Neither party can later claim they didn’t understand the terms

Step 4: Draft the Agreement
Your attorneys will work together to draft an agreement that:

• Reflects both parties’ intentions
• Complies with Michigan legal requirements
• Is clear, specific, and unambiguous
• Demonstrates intent to strengthen the marriage

Step 5: Review and Negotiate
Take adequate time to review the draft agreement. Don’t rush the process. Address any concerns or questions with your attorney.

Step 6: Sign and Execute
Both spouses should sign the agreement in front of witnesses and/or a notary. Keep the original in a safe place and provide copies to each party’s attorney.

Step 7: Review Periodically
Plan to review and potentially update the agreement every few years or when significant life changes occur (birth of children, major financial changes, etc.).

Postnuptial Agreements vs. Prenuptial Agreements: Key Differences

While postnuptial and prenuptial agreements serve similar purposes, there are important distinctions. In terms of timing, prenuptial agreements are signed before marriage, while postnuptial agreements are executed after the couple is already married. Regarding consideration (what each party receives in exchange), the marriage itself serves as consideration for a prenuptial agreement, but postnuptial agreements require each party to receive additional value beyond what they would already be entitled to under Michigan law. Michigan courts apply less stringent scrutiny to prenuptial agreements, whereas postnuptial agreements face more intensive review due to public policy concerns. As for enforceability, prenuptial agreements are generally upheld if properly executed, but postnuptial agreements are subject to closer examination regarding whether they encourage divorce. Finally, prenuptial agreements are commonly used by high-asset individuals and those entering second marriages, while postnuptial agreements are typically created during reconciliation efforts or when circumstances have significantly changed during the marriage.

When to Update or Revise Your Postnuptial Agreement

Life changes, and your postnuptial agreement should evolve accordingly. Consider reviewing and updating your agreement when:

• Major financial changes: Significant increase or decrease in income, new business ventures, large inheritances
• Birth or adoption of children: Expanding your family changes financial priorities
• Real estate transactions: Buying or selling significant property
• Career changes: Promotions, job loss, career pivots, or retirement
• Health issues: Major medical diagnoses that affect finances or care needs

How The Mitten Law Firm Can Help with Your Postnuptial Agreement

At The Mitten Law Firm, we understand that discussing postnuptial agreements requires sensitivity, discretion, and legal expertise. Our Wayne County family law attorneys help couples throughout Downriver Michigan create enforceable postnuptial agreements that:

• Protect your assets while preserving your marriage
• Comply with Michigan law and recent case precedent
• Stand up to court scrutiny if ever challenged
• Provide peace of mind for both spouses
• Strengthen your relationship through financial clarity

Call us at (734) 765-9382 or visit our office at:

The Mitten Law Firm
13615 Northline Rd.
Southgate, MI 48195

We offer 100% free consultations to discuss your situation and determine whether a postnuptial agreement is right for you. Let us help you protect your assets while strengthening your marriage.