Postnuptial Agreement in Illinois: What Spouses Should Know

A postnuptial agreement, sometimes called a postnup, addresses financial questions between people who are already married. Topics can include property, debts, maintenance and proposed arrangements if the marriage ends or a spouse dies. The purpose of the discussion is to put each spouse's expectations into clear written terms.

For someone considering a postnup, the first question is practical: What uncertainty are you trying to address? It may concern an existing asset, a new business, a career change or financial expectations after reconciliation. Identifying that concern gives the drafting process a clear starting point.

A postnup signed while spouses intend to stay married is different from a settlement made in connection with divorce. Under 750 ILCS 5/502, spouses may make written agreements concerning property, maintenance, support and parental responsibilities in connection with dissolution. We discuss that distinction before choosing an approach.

Proposed death provisions should be reviewed with an estate planning professional. Consult a tax professional about tax questions. This page provides general information, not personal legal advice.

Under 750 ILCS 5/503(a), marital property generally means property either spouse acquires after the marriage, subject to listed exceptions. Non-marital property includes property acquired before marriage and property received by gift or inheritance. The statute also recognizes property excluded by a valid agreement.

Specifically, 750 ILCS 5/503(a)(4) expressly names a valid postnuptial agreement as one type of agreement that can exclude property from marital property.

Under 750 ILCS 5/503(b)(1), property acquired after marriage and before the divorce judgment is presumed marital. Overcoming that presumption requires clear and convincing evidence. The court makes specific findings that classify assets. Records about when and how property was acquired therefore belong in the discussion with your lawyer.

Our Chicago property division services include discussing the classification questions behind a proposed agreement. The review should distinguish what the law says about an asset from what the spouses want their agreement to say.

Timing matters, but so does the legal framework. Under 750 ILCS 10/2, the Illinois Uniform Premarital Agreement Act defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

If you have not married, see our Chicago prenuptial agreement services. If you are considering ending the marriage or living separately, discuss whether you need a postnup, a divorce settlement or advice about legal separation. These are different conversations, even when they involve the same property.

A useful consultation starts with your reason for considering an agreement, rather than a standard list of clauses. Situations worth discussing include:

These circumstances identify questions for review. If business ownership is central to your concern, our page on divorce involving a small business owner provides a related starting point for discussing the business.

You do not need to arrive with a completed document. A list of concerns, existing agreements and available financial records gives the consultation a practical focus.

The agreement should respond to the spouses' actual finances and goals. We can discuss proposed terms, missing information and questions that need attention before drafting continues. Topics for review include:

• Asset and debt lists, including descriptions of property each spouse wants addressed.
• Income information and the financial records supporting it.
• Business ownership interests and related financial information.
• Proposed treatment of property if the marriage ends.
• Maintenance terms and how they relate to the spouses' goals.
• Proposed death provisions to review with an estate planning professional, and tax questions to discuss with a tax professional.
• Dispute resolution language, including proposed mediation terms.

Dispute resolution language deserves its own review. Read our discussion of mediation clauses in Illinois prenuptial and postnuptial agreements for questions to raise about those provisions.

Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, the court allocates decision-making and parenting time according to the child's best interests.

In a divorce settlement, 750 ILCS 5/502(b) excludes terms concerning child support and parental responsibilities from the rule that agreed terms bind the court unless unconscionable. That statute concerns agreements attendant upon the dissolution of a marriage.

The steps below describe how the work proceeds.

1. Consultation. Explain your goals, financial concerns and any existing agreement or draft.
2. Separate lawyers. Each spouse should have their own lawyer to review the proposed agreement.
3. Financial disclosure. Assemble asset, debt, income and business records for review.
4. Drafting. Prepare proposed language that addresses the identified goals and financial information.
5. Negotiation. Review questions, proposed revisions and unresolved concerns through separate counsel.
6. Signing. Review the final document and address questions before signing.
7. Recordkeeping. Keep the signed agreement and the financial information used during the process.

Separate counsel gives each spouse a place to discuss their own questions and proposed revisions. A spouse receiving a draft may want an independent review rather than assume that the document reflects their interests.

The consultation is the place to identify the review or drafting work before a fee is quoted.

Limited-scope agreement work, such as reviewing or drafting a postnuptial agreement, is a flat fee quoted after a consultation. See our limited-scope family lawyer fees.

The written agreement confirms the fee and the covered work before engagement. Call 312-965-5618 to discuss the work.

Our family law pricing overview explains the firm's fee structures.

Chicago Family Attorneys LLC serves Cook, DuPage, Lake and Will counties. We focus only on family law. Managing attorney Aaron Korson has been licensed in Illinois since 2019. Our office is at 53 W Jackson Blvd, Suite 752, Chicago, IL 60604.

For the consultation, gather any draft agreement, earlier marital agreement and available financial records. Write down what you want addressed and whether your spouse already has a lawyer. If your concern is now divorce rather than planning within the marriage, our Chicago divorce services may be more relevant to the discussion.

Book a free consultation. Initial consultations are free for people seeking to hire an attorney. Call 312-965-5618 to discuss your goals and the proposed scope of representation.

• 750 ILCS 5/503: Marital and non-marital property
• 750 ILCS 5/502: Agreements connected with dissolution
• 750 ILCS 10/2: Definition of a premarital agreement
• 750 ILCS 5/602.5: Allocation of significant decision-making responsibilities
• 750 ILCS 5/602.7: Allocation of parenting time

Bring your questions and the documents you have. The initial consultation is free for people seeking to hire an attorney, and the firm confirms its fee and the covered work in writing before you engage it. Call 312-965-5618 or book online.