Marital agreements are a practical planning tool that can benefit many Louisiana couples—whether you are about to get married or have already tied the knot. 

A marital agreement is a contract between spouses that defines how their property and debts will be managed during the marriage and divided if the marriage ends. In Louisiana, these agreements can be made before marriage (a prenuptial agreement) or during marriage (a postnuptial agreement).

Louisiana is a community property state by default, which means that most property and debts acquired during the marriage are considered jointly owned. But couples can change this default through a marital agreement. Two common approaches are:

• Modified Community Property Regime – Couples can keep most assets as community property but agree that certain property—such as a family business, inheritance, or real estate, and the “fruits” of these assets—remains separate.
• Separation of Property Regime – Couples can choose to keep all assets and debts separate, so no community property exists at all. Each spouse maintains ownership and responsibility for what they acquire and can choose to co-own any property acquired during marriage, such as if they want to buy a house together.

One of the unique features of Louisiana law is the broad freedom to contract. Marital agreements are not one-size-fits-all, and they can be tailored to your specific needs—protecting your assets, shielding one spouse from the other’s debts, or addressing concerns about children from prior relationships.

The decision to enter into a marital agreement depends on your financial goals, family dynamics, and long-term plans. If you want certainty, protection, and clarity about your property rights, a prenup may be a wise choice. Prenups are also a roadmap in the event of divorce and can save you significant time and attorney’s fees tediously partitioning community property and reimbursements during divorce.

If you have any questions regarding marital agreements, divorce, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)313-4199 or Johnston@snw.law.