Prenuptial Agreements and Estate Planning

Posted in Triplett & Carothers on August 4, 2025

A prenuptial agreement clarifies which assets and debts are considered marital and which remain individual, protecting both spouses from financial liabilities. It can also help with:

  • Business succession planning, ensuring ownership stays within the family.
  • Preserving premarital wealth so assets accumulated before marriage remain separate.
  • Preventing inheritance disputes, particularly when one or both spouses expect a large inheritance.

Additionally, a prenup can specify:

  • How property acquired before and during the marriage will be handled.
  • The property rights of children from the current or a previous marriage.
  • How assets will be distributed in the event of divorce or death.

By defining financial rights, outlining inheritance expectations and addressing potential conflicts in advance, a prenup lays the groundwork for estate plans that reflect a couple’s intentions. However, while a prenup can specify how assets will be distributed in the event of divorce or death, it does not replace a comprehensive estate plan, which may include wills, trusts and other legal instruments to fully protect each spouse’s wishes.

A prenup can be a prudent step before marriage, but as time passes, it may no longer reflect a couple’s wishes. Some spouses decide to amend or revoke their prenups. Another option is to include in the original document a sunset clause, which automatically terminates the agreement after a certain number of years.

Ensuring alignment with estate plans

A prenuptial agreement should not stand alone as an estate planning tool. It is important to draft a will and/or a trust that complements the prenup. Adding a death clause to a prenup can ensure assets are distributed according to the terms of a will or a trust.

When a prenuptial agreement aligns with an estate plan, it reduces the risk of conflicts over asset distribution. This can be especially important for blended families, as it helps prevent disputes over what children from past marriages will inherit and ensures assets are distributed as intended.

Prenups and estate plans are legal documents that work together to protect premarital and marital property, ensuring a smooth execution of your wishes. Consult with attorneys who specialize in both estate and family law to be sure your plans work synchronously.

Reach out to Roz Carothers and her team at Triplett & Carothers to learn more.

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