What Should You Know About Prenuptial Agreements in Illinois?

 Posted on April 17, 2025 in Prenuptial and Postnuptial Agreements

Prenuptial agreements, also known as premarital agreements in Illinois, are a fair consideration for anyone getting married, regardless of socio-economic circumstances. These legal contracts typically outline the distribution of property in the event of divorce, but they can be much more complex. An experienced Geneva prenuptial agreement attorney will work with you and your future spouse to create a customized prenup with terms that make you both happy.  

Why Do People Have Prenuptial Agreements?

Prenuptial agreements are on the business end of marriage preparation. Couples typically enter them to ensure that property division occurs on fair terms should the relationship end in divorce. However, there are other good reasons to consider a prenuptial agreement. For example, if you were previously married and already have children, you may have property that you want to protect for them. You may also use the agreement to keep your business separate from marital property, an action that could save a significant amount of time and money during divorce proceedings. 

What Is Commonly Included in a Prenuptial Agreement?

The Illinois Uniform Premarital Agreement Act (IUPAA) outlines the laws that govern a prenuptial contract, but what you choose to place in it is personal. In addition to property division stipulations, some common clauses that can be customized include:

• Spousal support: You can address whether one spouse will provide alimony after a divorce and lay out the terms for the amount and duration.

• Debt allocation: Debts that qualify as marital property are divided in divorce as well. Your premarital agreement can include terms for allocating debt, ensuring no spouse is burdened by the other’s debts.

• Business ownership: Business owners are often concerned about what would happen to their companies in a divorce. You can include provisions for business-related assets, interests, and valuation.

• Retirement: Retirement benefits can grow significantly during marriage. Specifying how to divide assets like pensions and 401(k) plans can be useful.

Keep in mind that some elements are not guaranteed. For example, the IUPAA allows the court to reverse the terms of spousal support if it would cause the paying or receiving spouse undue hardship. Additionally, premarital agreements cannot address the allocation of parental responsibilities or the terms for child support.

Can You Get a Prenuptial Agreement if You Are Already Married?

The "prenuptial" or "premarital" element of these agreements explicitly implies that they must be signed before you are officially married. However, if you decide after the wedding that you want to protect your assets, you can write a postnuptial agreement. It serves the same purpose and can be created at any point in the marriage. 

Call Our Kane County, IL Prenuptial Agreement Attorneys for a Consultation Today

The stigma around getting a prenuptial agreement is dying. It is just a contract, much like your marriage license. For most, it offers clarity and comfort. At The Law Offices of Douglas B. Warlick & Associates, we believe in preparing before entering into something as serious as a marriage contract. Call 630-232-9700 to speak with one of our knowledgeable Geneva, IL premarital agreement lawyers and receive a personalized assessment of your situation.