Most people think a prenuptial agreement only matters if you get divorced. In reality, a well-drafted prenup is a foundational estate planning document. It dictates exactly what your spouse is entitled to if you die, overriding state laws that would otherwise force a different outcome.
The Elective Share Problem
In almost every state, you cannot completely disinherit your spouse. Even if your will leaves everything to your children from a previous marriage, your surviving spouse can claim an 'elective share' (usually 1/3 to 1/2 of your estate) against your will.
Important
The Waiver Solution
A prenup is the only legal way for a spouse to voluntarily waive their right to the elective share, ensuring your assets go exactly where your will or trust dictates.
Protecting the Family Business
If you own a share of a family business, your partners will likely demand you sign a prenup. If you die, they do not want your spouse (who may have no business experience) inheriting your voting shares and suddenly becoming their new business partner.