What is a post-marital agreement?

A post-marital, or post-nuptial, agreement is an agreement between spouses to change the characterization of their marital property. A post-marital agreement may also, like a premarital agreement, define the rights and obligations of the spouses.

There are generally two types of post-marital agreements: partition/exchange agreements and conversion agreements.

Partition/exchange agreements are used to convert the spouses’ community property into separate property. A conversion agreement is used to convert separate property into community property.