Postnuptial Agreement

POSTNUPTIAL AGREEMENT

Table of Contents

1. Parties and Recitals
2. Purpose and Intent
3. Financial Disclosure
4. Property Classification
5. Division of Assets
6. Division of Debts
7. Spousal Support
8. Estate Planning Coordination
9. Enforceability Provisions
10. General Provisions
11. Execution

1. Parties and Recitals

THIS POSTNUPTIAL AGREEMENT ("Agreement") is entered into on [__/__/____] by and between:

First Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

Second Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

(collectively, the "Parties" or "Spouses")

Recitals

WHEREAS, the Parties were lawfully married on [__/__/____] in [________________________________], Alaska (the "Marriage");

WHEREAS, the Parties desire to define and establish their respective rights and obligations regarding property, finances, and support during the marriage and in the event of separation, divorce, or death;

WHEREAS, each Party has made a full, fair, and complete disclosure of all assets, liabilities, income, and financial obligations as set forth in the attached Exhibits;

WHEREAS, each Party has had the opportunity to retain and consult with independent legal counsel;

WHEREAS, each Party enters into this Agreement freely, voluntarily, and without coercion, duress, or undue influence;

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

2. Purpose and Intent

2.1 The purpose of this Agreement is to settle the Parties' respective property rights, support obligations, and related financial matters.

2.2 This Agreement is intended to be binding and enforceable under Alaska law.

3. Financial Disclosure

3.1 Each Party represents and warrants that they have provided a full, complete, and accurate disclosure of all assets, debts, income, and financial obligations, attached hereto as:

• Exhibit A — Financial Disclosure of First Spouse
• Exhibit B — Financial Disclosure of Second Spouse

3.2 Each Party acknowledges receipt and review of the other Party's financial disclosure.

3.3 Each Party acknowledges that the disclosures are sufficient to allow an informed and voluntary decision.

☐ First Spouse acknowledges receipt of Exhibit B
☐ Second Spouse acknowledges receipt of Exhibit A

4. Property Classification

4.1 Separate Property. The following shall be and remain the separate property of each respective spouse:

First Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

Second Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

4.2 Marital Property. The following property shall be classified as marital property:

4.3 Community Property Opt-In Election.

☐ The Parties elect to classify the following property as community property under AS 34.77.090:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |

☐ The Parties do NOT elect community property treatment for any assets.

4.4 Income and Appreciation. Income from and appreciation of separate property shall be classified as: ☐ Separate Property ☐ Marital Property ☐ Community Property (if elected)

5. Division of Assets

5.1 In the event of divorce, separation, or dissolution, the Parties agree that assets shall be divided as follows:

Marital Residence:
Address: [________________________________]
Disposition: [________________________________]

Financial Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Retirement Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Business Interests:
[________________________________]

Vehicles and Personal Property:
[________________________________]

6. Division of Debts

6.1 The Parties agree to allocate responsibility for debts as follows:

6.2 Neither Party shall incur any debt or obligation for which the other Party may be held liable without prior written consent.

7. Spousal Support

7.1 In the event of divorce or separation, the Parties agree:

☐ Waiver of spousal support (maintenance) by both Parties
☐ Spousal support to be paid as follows:

• Payor: [________________________________]
• Amount: $[________] per ☐ month ☐ year
• Duration: [________________________________]
• Termination Events: [________________________________]

7.2 Spousal support provisions ☐ shall ☐ shall not be modifiable by the court.

8. Estate Planning Coordination

8.1 Each Party agrees to ☐ execute ☐ update their estate planning documents within [____] days of executing this Agreement.

8.2 Waiver of surviving spouse rights under AS 13.11.085:
☐ Each Party waives the right to an elective share of the other's estate
☐ Each Party retains all surviving spouse rights
☐ Other: [________________________________]

8.3 Unless otherwise provided, each Party retains the right to dispose of their separate property by will or trust.

9. Enforceability Provisions

9.1 Voluntariness. Each Party acknowledges entering this Agreement voluntarily, without coercion, duress, fraud, or undue influence.

9.2 Objective Fairness. The Parties acknowledge the terms are objectively fair and reasonable at the time of execution.

9.3 Independent Counsel.
☐ First Spouse has been represented by: [________________________________], Esq.
☐ Second Spouse has been represented by: [________________________________], Esq.
☐ A Party has knowingly waived the right to independent counsel (attach signed waiver)

9.4 Full Disclosure. Each Party certifies that financial disclosures are complete, accurate, and made in good faith.

9.5 Changed Circumstances. The Parties acknowledge that this Agreement was entered into considering the circumstances existing at execution, and that enforcement shall not be rendered unreasonable by changed circumstances.

9.6 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

9.7 Governing Law. This Agreement shall be governed by the laws of the State of Alaska.

10. General Provisions

10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.

10.2 Amendments. This Agreement may be amended only by a written instrument signed by both Parties.

10.3 No Waiver. Failure to enforce any provision shall not constitute a waiver.

10.4 Counterparts. This Agreement may be executed in counterparts.

10.5 Child Custody and Support. Nothing in this Agreement shall determine child custody, visitation, or child support, which remain subject to court jurisdiction.

11. Execution

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

First Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Second Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF ALASKA
[____] JUDICIAL DISTRICT

Before me, the undersigned Notary Public, on this [____] day of [____________], [____], personally appeared [________________________________] and [________________________________], known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same voluntarily for the purposes therein stated.

WITNESS my hand and official seal.

Signature: ___________________________________
Notary Public, State of Alaska
My Commission Expires: [__/__/____]

[SEAL]

WITNESS ATTESTATION

Witness 1:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

STATE-SPECIFIC NOTES — ALASKA

• Alaska is an equitable distribution state but uniquely allows spouses to opt in to community property treatment under AS 34.77.090.
• Postnuptial agreement enforceability is governed primarily by case law, not the UPAA.
• Courts apply a four-part test: (1) objective fairness, (2) full disclosure, (3) voluntary execution, and (4) no changed circumstances making enforcement unreasonable.
• AS 13.11.085 authorizes written agreements executed before or after marriage to waive surviving spouse rights.
• Independent legal counsel is strongly recommended; courts may view lack of counsel as evidence of involuntariness.
• A Community Property Agreement under AS 34.77.090 is itself a form of postnuptial agreement with significant tax advantages (stepped-up basis at death).
• Child custody and support cannot be determined by agreement.

Sources and References

• Alaska Stat. § 13.11.085 (Waiver of Surviving Spouse Rights)
• Alaska Stat. § 34.77.090 (Community Property Agreement)
• Alaska Stat. § 25.24.230 (Property Settlement Agreements)
• Alaska Stat. § 25.24.160 (Spousal Maintenance)