Does a Prenup Cover Future Earnings?

Published on: 3 Apr 2025

A prenuptial agreement (prenup) is one of the most effective tools for setting financial expectations before marriage. But many people wonder: can a prenup cover money you haven’t earned yet? The answer is yes—future earnings can be addressed in a prenup, as long as the agreement is properly drafted and meets legal requirements.

Whether you expect to grow your career, build a business, receive bonuses, or earn royalties, your future income can become a major point of contention in divorce—unless it’s clearly defined in a prenup.

In this article, we’ll explain how future earnings are handled in a prenup, what you can and can’t protect, and why addressing these topics before marriage is key to protecting your financial future.

1. What Are Future Earnings?

Future earnings include any income you expect to make after the date of marriage, such as:

• Salary or wages from a job
• Bonuses, commissions, and profit-sharing
• Royalties from books, music, or intellectual property
• Income from a business you start after marriage
• Investment income or stock options
• Rental income or passive earnings
• Retirement benefits earned during the marriage

Without a prenup, most states consider income earned during the marriage to be marital property—even if one spouse earns significantly more than the other.

2. Can a Prenup Include Future Earnings?

Yes. One of the key benefits of a prenup is that it allows couples to decide in advance how future income will be treated—rather than relying on default state laws.

A prenup can specify that:

• Each spouse’s future earnings remain their separate property
• All income earned during the marriage will be considered joint marital property
• Certain types of income (e.g. business profits, royalties, or bonuses) will be shared or kept separate
• One spouse will receive a portion of the other’s future earnings as spousal support in case of divorce

The more detailed and specific your prenup is about future financial scenarios, the more protection and clarity you’ll have later.

3. Why Would Someone Want to Protect Future Earnings?

There are many reasons to protect future income in a prenup:

3.1. Career Growth or High-Earning Potential

If one partner expects a significant jump in income—due to a medical degree, law career, tech startup, or executive position—they may want to ensure that earnings stay separate.

3.2. Business Ventures

Starting a business during the marriage can lead to profits, equity, or buyouts down the line. A prenup can ensure that these earnings are protected or divided fairly.

3.3. Intellectual Property or Creative Work

Writers, musicians, inventors, and content creators often earn royalties or licensing fees. These earnings can be protected in a prenup—even if the work hasn’t been monetized yet.

3.4. Inheritance or Trust Distributions

While inheritance is usually separate, income or interest generated from it can become marital property if not clearly defined. A prenup helps avoid that.

4. What Can’t a Prenup Do with Future Earnings?

While a prenup offers a lot of flexibility, there are a few limits:

• It can’t predict the future with absolute certainty. If your agreement is too vague or speculative, it may be hard to enforce.
• Unfair or one-sided terms may be thrown out by a court, especially if one spouse ends up in financial hardship.
• Child support cannot be waived or limited in a prenup, even if future earnings are involved. Courts always retain the right to determine what’s in the best interest of a child.
• If the prenup was signed under duress, fraud, or without full financial disclosure, parts of it—including clauses about future earnings—could be invalidated.

5. Real-Life Examples

Example 1: Tech Startup Founder

Jordan is launching a software company during the marriage. Their prenup specifies that all business profits and equity remain Jordan’s separate property, even if the business becomes highly valuable in the future.

Example 2: Medical School Graduate

Taylor just finished med school and expects to earn a high salary as a surgeon. Their prenup outlines that all future income from their career will be treated as joint marital property—but with limits on alimony in the event of divorce.

Example 3: Songwriter with Royalties

Riley has a music catalog that may generate royalties years after the marriage begins. Their prenup ensures that any income from songs written before the wedding remains Riley’s separate property, even if the royalties are received during the marriage.

6. How Future Earnings Are Treated Without a Prenup

If you don’t have a prenup, your state’s default divorce laws will apply:

• In community property states (like California, Texas, and Arizona), all income earned during the marriage is considered joint property and split 50/50.
• In equitable distribution states (like New York, Florida, and Illinois), a judge will decide what’s fair based on your situation—which may still mean dividing future income or assets tied to it.

Without a prenup, even income from a business, investments, or intellectual property could become shared property if acquired or monetized during the marriage.

7. How prenups.ai Helps You Address Future Earnings

At prenups.ai, we make it easy to create a prenuptial agreement that clearly outlines how future earnings and income will be handled. Our platform helps you:

• ✅ Specify what counts as future income
• ✅ Define whether future income will be separate or marital property
• ✅ Include customized clauses for bonuses, royalties, and business profits
• ✅ Ensure your prenup complies with your state’s laws

Whether you’re just starting your career or planning for major growth, prenups.ai gives you the tools to protect your financial future.

8. Final Thoughts

If you expect to earn more in the future, now is the time to plan for it. A prenup doesn’t just protect what you already have—it protects what you’re building.

By including future earnings in your prenup, you and your partner can set clear expectations, avoid legal uncertainty, and move forward in your marriage with mutual understanding and financial confidence.

📌 Start your customized prenuptial agreement today at prenups.ai and protect your future—before it even starts.