Do Prenups Cover Money Made After Marriage?

The question “Do prenups cover money made after marriage?” is frequently asked by those considering a prenuptial agreement. The answer, in short, is yes. A prenuptial agreement can cover income and assets acquired during the marriage, provided this has been expressly stated in the agreement

However, it’s essential to note that the laws governing prenups vary from state to state, and the enforceability of such provisions can depend on the specific circumstances.

Best practice is to hire an attorney to draft your prenup, and to specifically and expressly state anything you want to keep separate in the future, even if you do not yet have it.

Can Prenup Protect Future Earnings?

A prenuptial agreement can indeed protect future earnings. This means that the income you earn during the marriage can be classified as separate property, not marital property, if such a clause is included in your prenup.

This can be particularly beneficial for those who anticipate a significant increase in their income during the course of their marriage.

However, you must make sure to specifically state where these future earnings will come from and that both parties agree for the earnings to be the separate property of that spouse.

Prenup Future Assets

Future assets, just like future earnings, can also be protected through a prenuptial agreement. 

This could include assets like businesses you plan to start or investments you intend to make. You must state them out as expressly and clearly as you can, even if you do not have the asset yet.

It’s important to clearly outline in your prenup how these future assets will be treated in the event of a divorce.

Can a Prenup Protect Future Inheritance?

A prenup can protect future inheritance as well.

If you anticipate receiving an inheritance during your marriage, you can stipulate in your prenup that this inheritance should be considered your separate property, not subject to division upon divorce.

Can a Prenup Protect My Pension?

Yes, a prenuptial agreement can protect your pension. Retirement benefits are often considered marital property, but a prenup can specify that these remain separate.

This is especially crucial for those entering a marriage later in life or with significant retirement savings already in place.

Does a Prenup Protect Assets After Marriage?

A prenup can protect assets acquired after marriage, but only if this is expressly stated in the agreement.

Without such provisions, assets acquired during the marriage are typically considered marital property and subject to division upon divorce.

If you think you may acquire more assets during the marriage and you want to keep the separate, outline these future assets as clearly as you can in your prenup.

Can a Prenup Protect You From Spouse’s Debt?

Interestingly, a prenuptial agreement can also protect you from your spouse’s debt.

If your spouse incurs significant debt during your marriage, a prenup can ensure that you are not held responsible for these debts in the event of a divorce.

What Does a Prenup Not Cover?

While a prenup can cover a wide range of financial matters, there are some things it cannot cover.

These include child custody and child support issues, which are determined by the court based on the best interests of the child.

A prenup also cannot include provisions that encourage divorce or that are deemed unfair or unconscionable.

Final Thoughts

A prenuptial agreement can provide significant protection for both current and future assets and earnings.

However, the specifics of what can be included in a prenup can vary widely, so it’s crucial to consult with an experienced family law attorney when drafting your agreement.