A postnuptial agreement should define all of the marital assets and debts, income of both parties and future gifts and inheritances expected. A plan of how all debts will be paid should be outlined in the event of a divorce. Alimony should be defined in the postnuptial agreement. In some cases, these payments may be waived in favor of a property settlement and a divorce lawyer can provide advice regarding the legality of such waivers.
The postnuptial agreement should also address property distribution in the event of death or divorce. This should include an agreement about who retains the marital home and any other real estate owned by the couple, along with any artwork, jewelry or other valuables. Any future inheritances or gifts that are expected should also be addressed. The status of any trusts or benefits that either spouse may be entitled to receive in the future should be included in the agreement.