When couples in Illinois start thinking about marriage, many are surprised to learn how flexible a prenuptial agreement can be. In this blog, a Champaign prenup lawyer from Rincker Law PLLC shares what can be included in a prenup and how it can protect your future. Whether you’re bringing assets into the marriage or want to avoid financial surprises later on, understanding prenups is key.
What Is a Prenup and Why Do People Get One?
A prenuptial agreement (or “prenup”) is a legally binding contract signed before marriage that outlines how financial matters will be handled in the event of divorce or death. Contrary to popular belief, prenups aren’t just for the ultra-wealthy. They’re useful for:
- Business owners
- Second marriages
- Blended families
- People with real estate, investments, or retirement accounts
- Anyone who wants to protect themselves from financial uncertainty
What You Can Include in a Prenup in Illinois
Under the Illinois Uniform Premarital Agreement Act, prenups give couples the freedom to make their own financial decisions. Here are the key things you can include:
- Property Division
You can define what is considered separate property and what will be divided if the marriage ends. This can include:
- Real estate (including primary homes, rental properties, or vacation homes)
- Cars, art, jewelry, and other valuables
- Savings and investment accounts
- Digital assets and collectibles
Without a prenup, Illinois courts divide marital property based on fairness—not necessarily 50/50.
- Spousal Support/Maintenance
You can agree to waive, limit, or guarantee spousal support. For example, one spouse may agree not to seek alimony, or both may outline a specific amount (formally alimony) or duration of payments.
Note: Courts can override this if the agreement would leave one spouse unable to support themselves.
- Debt Protection
A prenup can state that debts incurred before the marriage remain that person’s sole responsibility. It can also specify how new debt will be handled during the marriage—especially useful if one partner owns a business or has significant student loans.
- Business Interests
If either partner owns a business or plans to start one, the prenup can:
- Define business ownership and shares
- Address profits, losses, and liability
- Set rules for managing the business if the marriage ends
This protects the business from disruption in a divorce.
- Estate Planning and Inheritance
A prenup can support your estate plan by clarifying what assets go to children from a prior marriage, family members, or charities. It works best when paired with wills or trusts for a complete estate strategy.
- Retirement and Investment Accounts
You can outline what happens with 401(k)s, IRAs, stock options, and other investment accounts in a divorce. While contributions made during the marriage are typically considered marital property, a prenup can create exceptions.
What You Cannot Include in a Prenup
Even though prenups offer broad flexibility, there are clear boundaries under Illinois law.
- Child Custody or Child Support
You can’t decide child-related issues in a prenup. Courts decide custody, parenting time, and support based on the child’s best interests at the time of separation or divorce.
- Anything Illegal or Unfair
Illinois courts won’t enforce any clause that:
- Encourages divorce
- Is clearly one-sided or unconscionable
- Goes against public policy
It’s important to work with an experienced attorney to ensure fairness and legal compliance.
Do You Need a Lawyer to Create a Prenup?
Absolutely. Each party should have their own attorney to ensure the agreement is fair, legal, and enforceable. Judges are more likely to uphold a prenup when both sides had legal advice and adequate time to review the terms before signing.
At Rincker Law PLLC, we work closely with clients across Central Illinois—including Champaign, Urbana, Shelbyville, and surrounding communities—to draft prenuptial agreements that are personalized, practical, and legally sound.
Final Thoughts from a Champaign Prenup Lawyer
A prenup isn’t just a backup plan—it’s a proactive step toward financial clarity and security. Whether you’re entering marriage with assets, planning a business, or just want to avoid surprises, a prenup can help you protect what matters most.
If you’re thinking about a prenuptial agreement or have questions about what to include, call Rincker Law PLLC at (217) 774-1373 to schedule a confidential consultation. We’ll help you understand your rights and craft a solution tailored to your life.