Las Vegas Postnuptial Agreement Lawyers

What Is a Postnuptial Agreement Under Nevada Law?

A postnuptial agreement serves a similar purpose as prenuptial agreement, but is signed after the marriage has already taken place. Nevada treats these marriage contracts and settlements under NRS Chapter 123, which requires them to be in writing and formally acknowledged, similar to how a real estate conveyance is executed. Couples choose a postnuptial agreement for many reasons: a marriage that began without a prenup, a significant inheritance or business opportunity that arises during the marriage, or simply a desire to formalize how certain assets will be treated going forward.

Postnuptial agreements can address property rights and financial matters in much the same way a prenup does, but Nevada draws a meaningful distinction when it comes to spousal support: a full alimony waiver has to be established before the marriage in a premarital agreement, since that option is not available in the same way once the marriage has already occurred. If a full waiver of support is important to you, timing matters, and that conversation should happen before the wedding, not after.

Why And When You May Want To Have A Postnuptial Agreement

• A significant inheritance is received during the marriage and the spouses want to clarify how those assets will be treated.
• A new business or investment opportunity arises, creating a need to establish how ownership, income, appreciation, or future interests will be treated.
• One spouse starts or grows a business and wants to clarify the distinction between marital and separate property.
• A significant change in financial circumstances occurs, such as acquiring substantial assets, receiving a large financial gift, or experiencing a major increase in income.
• Spouses want to formalize their financial arrangements and establish clear expectations about how certain assets, debts, and income will be treated going forward.
• Estate planning and trusts are being created or updated, and the spouses want their marital property agreements to coordinate with their estate plan and trust structure.
• A desire for greater financial clarity exists, even when the marriage is strong and there are no immediate plans for separation or divorce.
• Life circumstances have changed since the marriage, making it appropriate to revisit and update the couple’s financial arrangements.

What a Nevada Postnuptial Agreement Can Cover

• Classify specific assets as separate property, including a business, a professional practice, real estate, or an investment account.
• Convert community property to separate property, or separate property to community property, with the documentation needed to make the change hold up years later.
• Define how income earned during the marriage is treated, which matters when one spouse’s earnings fluctuate sharply or come from a business interest.
• Allocate responsibility for debt, including obligations one spouse brought into the marriage or incurred without the other’s knowledge.
• Address spousal support, including whether alimony will be paid, in what amount, and for how long.
• Protect an inheritance or gift received during the marriage from later commingling and tracing disputes.
• Settle what happens to the marital home, including how equity is credited if one spouse contributed separate funds.
• Coordinate with estate planning, so that a trust, a will, and the marital agreement do not contradict one another.

What a Postnuptial Agreement Cannot Do in Nevada

Some limits are absolute. No amount of drafting skill gets around them, and any agreement that claims otherwise is a sign that it was not prepared by a Nevada family law attorney.

• It cannot limit one spouse’s ability to receive alimony.
• It cannot decide child custody or visitation. Custody is determined by the court based on the best interest of the child at the time the question is presented. Parents cannot contract that determination away in advance.
• It cannot waive or reduce child support. The right to support belongs to the child, not to the parents, so it is not the parents’ to bargain with.
• It cannot alter the legal relationship of marriage itself. Under NRS 123.080, spouses may contract with each other as to property, and may agree to an immediate separation with provision for support during that separation, but they cannot rewrite the marriage.
• It cannot survive fraud, duress, or concealment. An agreement signed without honest financial disclosure, or under coercion, is exposed to challenge no matter how carefully the rest of it reads.
• It cannot include terms so one-sided that a court finds them unconscionable. An agreement that strips one spouse of everything is an invitation to litigation, not protection against it.

Amending or Revoking an Existing Agreement

A premarital or postnuptial agreement is not permanent once signed. Under NRS 123A.070, spouses can amend or revoke an existing agreement at any time during the marriage, but only through another written agreement signed by both parties. Neither spouse can unilaterally cancel or rewrite the terms. If your circumstances have changed since you signed your agreement — whether due to a new business, children, or a significant change in assets — we can help you and your spouse formally update it.

Frequently Asked Questions About Nevada Postnuptial Agreements

Are postnuptial agreements enforceable in Nevada?

Yes. Nevada recognizes and enforces postnuptial agreements under NRS 123 instead of NRS 123A for prenuptial agreements only.

What is the difference between a prenuptial and a postnuptial agreement in Nevada?

The biggest difference between the two is how alimony can be addressed. A prenuptial agreement can expressly address, and potentially waive or limit, alimony. A postnuptial agreement cannot. Beyond alimony, both types of agreements can address property, debts, business interests, inheritances, and other financial matters.

What makes a postnuptial agreement invalid in Nevada?

An agreement can be challenged as unenforceable if it was not signed voluntarily, or if it was unconscionable when signed and the challenging spouse did not receive fair disclosure of the other spouse’s assets and debts, did not knowingly waive that disclosure, and did not otherwise have adequate knowledge of the other spouse’s finances. In other cases, one spouse may have a language barrier and may not fully understand the agreement. For that reason, it is important that each party have independent legal counsel when negotiating and reviewing a prenuptial or postnuptial agreement, that both parties provide full financial disclosure, and that the agreement be translated if English is not one party’s first language. These steps help ensure that the agreement is entered into knowingly and voluntarily and improve its likelihood of being upheld in court.

Does a postnuptial agreement have to be notarized in Nevada?

It should be. NRS 123.270 requires marriage contracts and settlements to be in writing and executed and acknowledged in the same manner as a conveyance of land, which in practice means notarization. Where the agreement affects real property, Nevada law also contemplates recording it in the county where that property is located.

Can a postnuptial agreement decide child custody or child support?

No. Custody is determined by the court based on the best interest of the child at the time the issue is presented, and it cannot be fixed in advance by contract. Child support cannot be waived or reduced by agreement either, because the right to support belongs to the child rather than to the parents.

Do both spouses need their own attorney for a postnuptial agreement?

You are not legally required to use an attorney; however, if each party has independent legal counsel when negotiating and reviewing a prenuptial or postnuptial agreement, it will significantly improve its likelihood of being upheld in court. At Cohen Fic & Squires, we do not recommend drafting and signing a prenuptial or postnuptial agreement unless both parties are willing to obtain their own independent counsel.

Can a postnuptial agreement be changed or canceled later?

Yes, if both spouses agree. A postnuptial agreement can be amended or revoked by a later written agreement signed by both parties and executed with the same formalities as the original. Neither spouse can change or cancel it unilaterally.

Can we sign a postnuptial agreement if we are already considering divorce?

It is possible, but the closer a couple is to divorce, the more carefully a court will examine the agreement and the circumstances under which it was signed. At that stage, a marital settlement agreement is often the more appropriate document. We can review your situation and advise you on which one actually fits.

Can I get a postnuptial agreement if we never signed a prenup?

Yes. Couples can enter into a postnuptial agreement at any point during the marriage to address property and financial matters. A full waiver of alimony, however, is generally only available through a premarital agreement signed before the wedding.