{"id":351925,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/marriage\/what-can-and-cannot-be-included-in-prenuptial-agreements.html"},"modified":"2023-03-20T14:10:12","modified_gmt":"2023-03-20T19:10:12","slug":"what-can-and-cannot-be-included-in-prenuptial-agreements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/marriage\/what-can-and-cannot-be-included-in-prenuptial-agreements.html","title":{"rendered":"What Can and Cannot be Included in Prenuptial Agreements"},"content":{"rendered":"\n
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What Can and Cannot be Included in Prenuptial Agreements<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Generally, prenup agreements can include distinctions, protections, and provisions regarding financial matters. Examples of what can be included in a prenup agreement are detailed in the following article sections.<\/p>\n\n <\/div>\n\n

No one wants to think about divorcing their future spouse before they get married. However, prenuptial agreements<\/a> (also called premarital agreements or prenups) help set certain terms if the marriage ends.<\/p>\r\n

For instance, an individual with an established family business may seek to protect those assets from the other party in case of a divorce.<\/p>\r\n

There are certain limitations to what can be included in a prenuptial agreement. This article provides an overview of what can and can not be included in prenuptial agreements.<\/p>\r\n

What You Can Include in a Prenuptial Agreement<\/h2>\r\n

Distinctions About Property Division (Marital Property vs. Separate Property)<\/h3>\r\n

Each state has separate laws that govern what types of property constitute separate property and what types constitute marital property<\/a>. Some states use "community property<\/a>" laws, often requiring 50\/50 asset splits.<\/p>\r\n

Upon separation by death or divorce, the court will separate all of the marital property according to the laws of the state. To avoid a court deciding what happens to your property attained during your marriage, you can use a prenuptial agreement.<\/p>\r\n

You can distinguish in the prenup which assets should be considered separate properties. This could be property from a previous marriage or real estate you owned before the marriage.<\/p>\r\n

Any other property acquired after the marriage is entered will be considered marital assets and will be split by the court.<\/p>\r\n

Some states allow you to decide whether you will be entitled to alimony or not. Other states prohibit this action. Check your state’s law or with a family law attorney to clarify this issue when drafting the prenuptial agreement.<\/p>\r\n

Protections Against the Other Spouse’s Debts<\/h3>\r\n

Without a prenup, creditors can go after the marital property even though only one spouse is the debtor. To avoid this, limit your debt liability in a prenuptial agreement.<\/p>\r\n

Provisions Providing for Children from Previous Relationships<\/h3>\r\n

If you have children from a previous relationship and want to ensure they inherit some of your property, you can use a prenup.<\/p>\r\n

Protections To Keep Family Property in the Family<\/h3>\r\n

Your prenup can specify<\/a> if you have a family heirloom, family business, future inheritance, or another piece of property that you want to keep in your birth family.<\/p>\r\n

Protections for Estate Plans<\/h3>\r\n

Prenuptial agreements are only a part of ensuring that your estate plan is carried out how you see fit. Remember that you must also create and secure other documents, such as wills and living trusts<\/a>.<\/p>\r\n

Descriptions of the Responsibilities of Spouses<\/h3>\r\n

There are numerous reasons for a prenuptial agreement<\/a>. Below is a list of items commonly included in prenup agreements:<\/p>\r\n