Maryland Prenuptial Agreement Laws: Cannon and Enforceability (2026)

Maryland courts enforce prenuptial (antenuptial) agreements under case law rather than a dedicated premarital agreement statute. In Cannon v. Cannon, 384 Md. 537 (2005), the Court of Appeals of Maryland held that the test remains whether there was "overreaching," and that the spouse seeking to enforce the agreement bears the burden of proof.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Maryland courts evaluate prenuptial agreements under Cannon v. Cannon (2005) and the related Maryland Code, Family Law Article sections (§§ 8-101, 8-102, 8-103, 8-201 and 8-205). It does not cover the effect of a prenup on inheritance or elective-share rights at death, agreements governed by another state's law, or tax questions. For property division on divorce, see Maryland divorce laws.

Are prenups enforceable in Maryland?

Yes, if they survive the test Maryland courts apply. Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005), is the leading Court of Appeals of Maryland decision on the question. The agreement in Cannon was upheld.

The Family Law sections cited here contain no Uniform Premarital Agreement Act or Uniform Premarital and Marital Agreements Act. In Cannon, the court was asked to adopt the Uniform Premarital Agreement Act approach and declined, keeping Maryland's common-law standard and leaving any uniform act to the General Assembly. The court treated the antenuptial agreement under contract law plus the overreaching test from Hartz v. Hartz, 248 Md. 47 (1967).

The statute on spousal agreements

Family Law § 8-101 provides:

"A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights."

The section speaks of a husband and wife. Its text does not say whether it reaches an agreement signed before the wedding, and this page does not treat it as the source of prenup rules.

The overreaching test from Cannon v. Cannon

Cannon restated the Maryland standard in these words:

"The correct standard for determining the validity of an antenuptial agreement remains, however, whether there is an "overreaching, that is, whether in the atmosphere and environment of the confidential relationship there was unfairness or inequity in the result of the agreement or procurement." Hartz, 248 Md. at 57, 234 A.2d at 871."

Three parts of Cannon shape how that test works:

• Confidential relationship. A confidential relationship exists as a matter of law between people entering an antenuptial agreement.
• Burden of proof. Because of that relationship, the party seeking to enforce the agreement bears the burden of proof.
• Disclosure. Full, frank and truthful disclosure, or the other party's adequate knowledge of the assets, is the best way to meet the burden.

Financial disclosure

Disclosure matters, but Cannon does not treat it as a rigid formal requirement. As Cannon describes Hartz, formal disclosure is not required if the party challenging the agreement had adequate knowledge of the assets and their worth in sum, and a failure to disclose is not by itself fatal if the agreement is not overreaching.

The facts in Cannon show how that played out. The disclosure there was a list of assets without values, which the court said fell short of "impregnable" disclosure. The agreement was still upheld because each side had adequate knowledge, had 17 days before signing, and had the opportunity to seek counsel.

Does each spouse need a lawyer?

No rule in Cannon requires one. The court wrote:

"We are loathe to craft a brightline rule where both sides are compelled to seek counsel"

Under Cannon, it is enough that the party seeking enforcement shows the other party had the opportunity to seek counsel and was not discouraged from doing so. Lawyers licensed in Maryland can draft or review these agreements.

When fairness is judged: at signing

Cannon places the review at the moment of signing:

"the temporal focus of the analysis of antenuptial agreements is at the time the agreement is signed"

Under Cannon, a party claiming unconscionability must prove it existed when the agreement was entered. This page does not identify a separate test in Cannon that re-examines fairness at the time of divorce.

Can a Maryland prenup waive alimony?

Cannon upheld one. The agreement in that case mutually waived alimony, and the court upheld it. Cannon also describes Frey v. Frey, 298 Md. 552 (1984), as overruling Cohn v. Cohn and holding that antenuptial agreements waiving alimony or property rights on divorce are not void as against public policy and are evaluated under the Hartz factors.

For agreements between spouses, Family Law § 8-103(c) makes spousal-support provisions modifiable unless the agreement contains an express waiver of alimony or a provision that it may not be modified. The section speaks of spouses' agreements, and its application to a prenup is not stated. For how alimony works without an agreement, see Maryland alimony laws.

Child custody and child support terms

Family Law § 8-103(a) gives the court power over child-related terms in spouses' agreements:

"The court may modify any provision of a deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, if the modification would be in the best interests of the child."

Like § 8-101, that section is written for spouses, and it does not say whether it applies to a prenup. Cannon did not address child-support terms. For the rules courts use, see Maryland child custody laws and Maryland child support laws.

What this page does not cover

This page does not cover Maryland rules on the formalities of signing a prenup, on amending or revoking one, or on deadlines for challenging one. This page also does not cover how a prenup affects a surviving spouse's rights under Maryland's Estates and Trusts Article. A lawyer licensed in Maryland can answer those questions for a specific agreement.

Postnuptial agreements in Maryland

Agreements made during the marriage fall within Family Law § 8-101, which covers agreements between a husband and wife on alimony, support, property rights or personal rights. Under § 8-102, a deed or agreement between spouses is not a bar to an action for absolute divorce. This page does not cover Maryland case law on postnuptial agreements.

How Maryland divides property without a prenup

Maryland uses equitable distribution, not community property. Under Family Law § 8-201(e), "marital property" is "the property, however titled, acquired by 1 or both parties during the marriage," and property excluded by a valid agreement is not marital property. After identifying and valuing marital property, the court may grant a monetary award or transfer interests to adjust the equities under § 8-205. For the divorce process, see Maryland divorce laws.

Disclaimer: This article provides general legal information about prenuptial agreements under Maryland law, based on Cannon v. Cannon (2005) and the Maryland Code, Family Law Article, as verified on 2026-10-08. It is not legal advice, and it is not a template for drafting an agreement. For advice about your situation, consult a lawyer licensed in Maryland.

Related

• Prenuptial agreement laws in every state
• Maryland divorce laws
• Maryland alimony laws
• Maryland child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenuptial agreements legally binding in Maryland?

Maryland courts enforce antenuptial agreements that pass the overreaching test restated in Cannon v. Cannon, 384 Md. 537 (2005). The agreement in Cannon was upheld.

Who has to prove a Maryland prenup is valid?

The party seeking to enforce it. Cannon holds that a confidential relationship exists as a matter of law between parties to an antenuptial agreement, which puts the burden of proof on the enforcing party.

Does a Maryland prenup require full financial disclosure?

Not in a formal sense. As Cannon describes Hartz v. Hartz, formal disclosure is not required if the other party had adequate knowledge of the assets and their worth, though full, frank and truthful disclosure is the best way to meet the burden.

Do both parties need a lawyer for a prenup in Maryland?

No. Cannon declined to adopt a bright-line rule requiring counsel for both sides; the enforcing party must show the other had the opportunity to seek counsel and was not discouraged.

Can a prenup waive alimony in Maryland?

The agreement upheld in Cannon mutually waived alimony, and Cannon describes Frey v. Frey (1984) as holding that antenuptial waivers of alimony and property rights on divorce are not void as against public policy.

Is Maryland a community property state?

No. Maryland uses equitable distribution: marital property is property acquired by either or both parties during the marriage, however titled, and property excluded by a valid agreement is carved out (Family Law §§ 8-201(e), 8-205).