What You Need to Know About the Role of a Prenup in Estate Planning

When you think about prenuptial agreements, you picture a safety net if you ever get a divorce. 

But what about after that? What happens if you or your spouse passes away? 

Many couples don’t realize that their prenup directly impacts their estate plan. 

A prenup isn’t just about protecting assets in case you split up—it’s a legal agreement that can shape the future of your estate. 

It can also dictate what happens when one spouse dies. 

And without proper planning, your prenup could override your estate plan, potentially leaving your spouse or your other heirs with surprises they weren’t expecting. 

Let’s take a closer look.

The Role of a Prenup in Estate Planning

A prenup can provide clarity and security for both parties, ensuring that their wishes are honored in the event of death or incapacity. 

Here are several reasons why a prenup is an essential element of comprehensive estate planning:

1. Keeping Separate Property Separate- California is a community property state, meaning that most assets acquired during marriage belong to both spouses equally. 

A prenup, however, can redefine what is considered community versus separate property. This is especially useful for business owners, real estate investors, or individuals with significant personal wealth before marriage.

If you’ve agreed that certain assets remain separate, your spouse may not automatically inherit them unless you specify otherwise in your estate plan. California Family Code § 1615 

2. Protecting Children from Previous Relationships Many couples entering into a second marriage use prenuptial agreements to protect children from prior relationships. 

This can clarify that certain assets will go to those children instead of the new spouse. 

However, relying solely on the prenup simply isn’t enough—you need an estate plan that includes a trust or specific bequests to make sure those wishes are legally enforceable. 

Otherwise, your spouse may have a legal claim to a large portion of your estate, potentially reducing what your children from a prior relationship receive. 

3. Waiving Spousal Rights - A prenup can include provisions where one or both spouses waive their right to inherit from each other’s estate. Without this waiver, a surviving spouse may have legal claims to a portion of the deceased spouse’s assets under California law. California Probate Code § 21610 

4. Clarifying Debt Responsibilities - Estate debts can eat into your assets if not properly assigned. A prenup can specify which debts belong to whom, preventing creditors from going after your estate for a spouse’s obligations.

5. Trust and Beneficiary Designations-If your prenup sets clear boundaries around separate property, it’s wise to reinforce those terms in your estate plan. 

You can establish a trust to help ensure that assets are distributed according to your wishes.  

This will help to prevent any legal battles among beneficiaries.

Remember to keep your plan updated!!

One of the biggest mistakes people make is assuming that a prenup is a “set it and forget it” document. 

This can be a COSTLY mistake.

Why?

Because life simply happens.

Estate laws change, financial situations evolve, and family dynamics shift. 

Regularly reviewing both your prenup and estate plan with a qualified estate planning attorney ensures that they are consistent with your current and future goals.

While prenups provide clarity, they must be carefully drafted to hold up in court. California Family Code § 1610-1617

In California, a prenup must be: 

• Voluntary and Fair 

• Signed Well Before the Wedding.

• Consistent with Estate Planning Documents.

At the end of the day, a prenup can shape the future of your estate, but it shouldn’t dictate it entirely. 

Not sure if your estate plan and prenup are on the same page? Need some additional advice? Now’s the perfect time to get expert advice. Reach out today to book a consultation and make sure your legacy is protected!

Contact me today at 📞 805-201-2552 to discuss your prenup and review your estate plan.

DISCLAIMER: The content contained herein is for general informational purposes only.  These materials do not constitute legal or other professional advice.  We do not accept any responsibility for any loss that may arise from reliance on this information.  No reader should act or refrain from acting based on information contained in this article without seeking advice of counsel.