Marital Agreements in Pennsylvania
At Chadwick Estate Law, we represent clients across Pennsylvania—including Philadelphia, Delaware, Chester, and Montgomery counties—in drafting and reviewing pre- and post-marital agreements. These agreements provide clarity and control over property, support, and inheritance rights that would otherwise default to Pennsylvania law under the Domestic Relations Code (23 Pa.C.S. §§ 3101–3904) and the Probate, Estates and Fiduciaries Code (20 Pa.C.S.).
What Is a Marital Agreement?
A marital agreement is a written contract between spouses—or future spouses—setting terms for property division, spousal support, and inheritance rights upon divorce or death.
Prenuptial agreements (prenups) are signed before marriage.
Protect premarital property, businesses, or inheritances.
Limit or waive spousal support and elective share rights.
Define separate vs. marital property and outline equitable distribution.
Include optional terms such as sunset clauses (ending agreement after certain years) or lifestyle clauses.
Postnuptial agreements (postnups) are signed after marriage.
Modify financial rights during marriage.
Useful after major life events (inheritance, business formation, reconciliation).
Address future separation or divorce terms.
Waive certain rights if voluntarily executed with full disclosure.
These agreements can override default Pennsylvania rules on equitable distribution (23 Pa.C.S. § 3502), spousal support (23 Pa.C.S. § 3701), and elective shares against a will (20 Pa.C.S. § 2203).
Pennsylvania law respects agreements that are made openly, fairly, and with a clear understanding of what each party is agreeing to. Courts will not enforce agreements that involve concealment, pressure, or unfair advantage.
Rights in Absence of an Agreement
If no marital agreement exists, Pennsylvania law provides default protections:
During Marriage – Spousal support obligations may be enforced based on financial need (23 Pa.C.S. § 4321).
Upon Death – A surviving spouse may claim:
Family Exemption: $3,500 from probate estate (20 Pa.C.S. § 3121).
Intestate Rights: A share of the estate if no valid will exists (20 Pa.C.S. § 2102).
Elective Share: One-third of the augmented estate, overriding a will or trust (20 Pa.C.S. § 2203).
Upon Divorce – Courts divide marital property equitably (not equally) based on factors like marriage length, contributions, and income (23 Pa.C.S. § 3502). Spousal support and alimony may also be awarded (23 Pa.C.S. §§ 3701–3707).
Without an agreement, these rights can create uncertainty, risk asset loss, or complicate blended family planning.
Advantages of Marital Agreements
Marital agreements provide key benefits for couples in Pennsylvania:
Asset Protection – Keep family businesses, farms, or investments separate from marital property.
Spousal Rights Customization – Waive or limit elective share rights and alimony claims.
Clarity on Divorce – Pre-set distribution terms to avoid costly litigation.
Estate Planning Integration – Coordinate with wills and trusts for seamless planning.
Blended Family Support – Protect inheritances for children of prior marriages.
Peace of Mind – Reduce uncertainty and strengthen transparency in relationships.
FAQs
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A prenup is signed before marriage; a postnup after. Both govern property, support, and inheritance rights.
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Yes—if voluntary, in writing, with full disclosure, and not unconscionable.
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Yes, but courts may not enforce waivers of support during marriage if unfair.
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Yes. Spouses can waive elective shares (20 Pa.C.S. § 2203) and claim only what’s outlined in the agreement.
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No. Child support cannot be limited by agreement, as it belongs to the child.
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