Are prenuptial agreements only for the wealthy?

On Behalf of | Jun 14, 2021 | Firm News

Communication is an essential part of a good marriage. While the conversation about a prenuptial agreement is not the most romantic one you’ll ever have, making important financial decisions together can bring you closer.

Whether you live happily ever after or not, a prenuptial agreement can be beneficial, even if you aren’t wealthy. It doesn’t mean you expect to divorce, but it can simplify the process if you do. Beyond divorce, there are other benefits to a prenup that you may not have considered.

Debt protection

One of the benefits of a prenuptial agreement is that you can specify how you will handle marital debts. For example, if you default on a business loan, the lender may garnish your wages. But if your prenup specifies that debt is separate, your spouse’s wages may be safe.

Death of a spouse

A prenup can also document what you want to happen to your assets upon your death. The agreement may be particularly important if you have children with a former spouse because it can protect those children from exclusion in your absence.

Inheritance

Under Illinois law, one spouse’s inheritance does not typically count as marital property, so it is not subject to division in a divorce proceeding. However, if the inherited funds commingle with other marital assets, they may be challenging to identify. A prenuptial agreement addresses this in advance.

While talking about a prenup may feel awkward and unromantic, it can strengthen your relationship. Money is at the heart of many marital arguments. Addressing financial questions before the wedding may prevent issues down the road. It is important to remember that a prenuptial agreement can protect both of you.