In New Jersey, prenuptial agreements entered into between a husband and wife before the marriage are codified by statute and generally accepted by New Jersey courts. Internuptial agreements or mid-marriage agreements, entered into during the marriage, are neither codified by the legislature nor embraced by New Jersey judges, many of whom regard them as inherently coercive.
Often, the mid-marriage agreement is pursued by a spouse whose financial circumstances have significantly changed since the wedding. While the individual is not ready to divorce, he or she wants to protect their newfound wealth or reduce their exposure in the event of divorce. Another common triggering event for a mid-marriage agreement occurs when a spouse has strayed and the non-cheating spouse requires financial commitments as a precondition to continuing the marriage. These latter agreements are generally called “reconciliation” agreements.
