By Jennifer Johnson
If you’re a part of the reported 133.1 million married adults in the U.S. (as of 2023, according to The Census Bureau’s 2023 American Community Survey) you might’ve heard of a prenuptial or postnuptial agreement — or have one. Marriage represents one of the most legally transformative events in most people’s lives, automatically creating property rights, inheritance claims, tax obligations and decision-making authority. Enter prenuptial and postnuptial agreements, which are practical legal tools for couples who recognize that true partnership requires financial transparency in all circumstances — especially if the marriage ends.
Interestingly, research demonstrates that premarital financial conversations strengthen partnerships by developing essential communication skills. Through the prenup process, couples learn to discuss money and contingencies openly, creating a foundation for complete partnership that still protects the individual autonomy of each party.
Security Before “I Do”
A prenuptial agreement is a legally binding contract that defines property rights, financial responsibilities and spousal support obligations. These agreements preserve separate property, classify future acquisitions and protect business interests from division. They’re particularly valuable for individuals with significant assets, business ownership or children from prior relationships expecting inheritance. Prenups equally serve those with fewer assets who want a guaranteed understanding of their financial rights and expectations should the marriage end.
For enforceability, prenups require independent counsel opportunities, full financial disclosure, voluntary execution without duress and reasonable review time. Courts won’t enforce agreements that predetermine child custody or support, as courts must always act in the child’s best interests based on current circumstances, not what seemed reasonable when the prenup was signed. Wisconsin courts also won’t enforce complete spousal support eliminations that would shift financial burdens to public assistance programs.
Happily Ever After — With an Update
Postnuptial agreements serve married couples whose circumstances have changed, such as through inheritance, business success, career advancement or the clarification of previously unaddressed property rights. Unlike prenups, they face heightened legal scrutiny due to existing fiduciary duties between spouses. Courts require clear evidence of a voluntary agreement made with full knowledge of one’s rights, independent legal representation, complete financial disclosure and substantively fair terms. Wisconsin requires enhanced information disclosure between the parties and heightened scrutiny of execution circumstances for postnuptial agreements. Also, Wisconsin courts won’t enforce complete spousal support waivers that would leave a spouse indigent.
The Bottom Line
Both agreements provide clarity about financial expectations, protect family assets and strengthen relationships by removing money-related uncertainty. They’re especially valuable for business owners, people with significant assets, blended families or anyone who understands that love doesn’t conquer bad financial planning.
Both documents require fair terms, proper execution, independent legal representation opportunities, and complete financial disclosure. Courts won’t enforce agreements tainted by fraud, duress or unconscionable terms. The key is approaching these conversations with honesty and mutual respect, recognizing that financial planning demonstrates care for your relationship’s future.
Jennifer Johnson is an attorney with Boardman Clark.
This article provides general information only and is not legal advice. Marital agreements involve complex legal considerations that vary by individual circumstances. Consult with a qualified attorney for guidance specific to your situation.
