Antenuptial Agreement

Shawn Breyer
July 14, 2021

Antenuptial Agreement Definition

An antenuptial agreement is an agreement made between a couple before marrying.

With this agreement, they give up future rights to each other’s property in the event of divorce or death.

Related: Prenuptial Agreement Checklist

What Is An Antenuptial Agreement?

An antenuptial agreement is a written agreement between two people before they get married.

An antenuptial agreement usually lists all the property and debts each person has.

An antenuptial agreement also specifies what each person’s property rights will be after the marriage.

With this agreement, they can determine how:

to split assets in a divorce
to split debts in a divorce
what property is separate property and marital property
whether one spouse will stay home to raise kids and for how long
how to pay off existing debts
who would pay alimony and how much
what to do with the marital home in the event of separation
how to handle finances during the marriage
how to pay taxes
how long the agreement lasts (and when it should be updated)
what to do with a business if there is one

Related: Divorce Statistics

How Antenuptial Agreements Work

Each state has its own laws for antenuptial agreements.

But every states’ laws mandate that the antenuptial agreement is procedurally and substantively fair.

If an antenuptial agreement is not fair, the judge can throw it out during a divorce.

An antenuptial agreement includes:

distinctions between marital and pre-marital property
protections against the other spouse’s debts
protections to keep the family property in the family
directions for property distribution in the event of divorce
descriptions for the responsibilities of each spouse

There are some things that CANNOT get included in antenuptial agreements.

These things are:

details for anything illegal
decisions regarding child support
decisions for child custody
waiving rights for alimony

Antenuptial agreements are not ONLY for the event of a divorce.

They are also used to determine responsibilities during marriage too.

This actually adds clarity to the roles of each spouse during marriage.

Some responsibilities typically included are:

how much each spouse will invest for retirement
how each spouse will invest
management of household bills and expenses
management of bank accounts
management of credit cards
savings contributions
property distribution in the event of death
whether either spouse can go back to school

Since finances are a massive reason for divorce, it’s important to sort this out.

Getting clarity on your responsibilities will make your marriage last longer.

Related: How Long Does A Divorce Take