A marital property partition agreement—also known as a partition and exchange agreement, a postmarital agreement, or a postnuptial agreement—is an agreement between spouses during marriage to convert marital property (also known as community property in some states) to one spouse’s separate property.

Property that is jointly owned by spouses or domestic partners (often owned as joint tenants with a right of survivorship) may also be partitioned or divided in a lawsuit or court action rather than by agreement of the spouses.

Laws regarding marital property partition agreements vary from state to state and are generally located in a state’s statutes—often in the family code or domestic relations code.

In Alaska, which is not a community property state but rather an equitable distribution state, marital property partition agreements, also known as postnuptial agreements, are recognized and enforceable. These agreements allow married couples to determine how their property, which would otherwise be subject to division by the court in the event of a divorce, will be allocated. The agreements can convert jointly owned property into separate property of one spouse, subject to certain legal requirements. For a postnuptial agreement to be valid in Alaska, it must be in writing, signed by both parties, and entered into voluntarily after full disclosure. The agreement must also be fair and reasonable at the time of signing and not promote divorce. If spouses decide to partition or divide jointly owned property without an agreement, they may do so through a court action, where the court will divide the property equitably, considering various factors such as the length of the marriage, the conduct of the parties, and their respective situations. It is important for individuals considering a marital property partition agreement in Alaska to consult with an attorney to ensure that the agreement complies with state laws and adequately protects their interests.