Prenups and Inheritance: What to Know

Published on: 23 Mar 2025

When couples prepare for marriage, most focus on merging lives—not planning for what happens if things go wrong. But for many, inheritance is a sensitive topic that deserves thoughtful consideration—especially if you're expecting to receive family assets or already have. That’s where a prenuptial agreement comes in.

Whether it’s a family home, business, heirloom, or investment account, inheritance can become complicated in the absence of clear legal protections. This article breaks down how prenups and inheritance intersect, and what you need to know to safeguard what’s meant to stay in the family.

1. How Inheritance Is Treated Without a Prenup

In most states, inheritance is considered separate property—meaning it’s not automatically divided during divorce. However, things aren’t always that simple.

Inheritance can become marital property if:

• It’s deposited into a joint account.

• It’s used to purchase joint assets (like a shared home).

• It’s used for marital expenses (vacations, renovations, debt payments).

• The receiving spouse mixes it with shared funds over time.

This process is called commingling, and once that happens, it becomes much harder to prove that the inheritance is still separate.

A prenuptial agreement helps eliminate this gray area.

2. What a Prenup Can Do to Protect Inheritance

A prenup allows couples to set clear terms before marriage about how inheritance—past or future—will be treated. Here’s how it helps:

2.1. Keep Inheritance Separate

A prenup can explicitly state that:

• All inheritance received before or during the marriage remains the sole property of the receiving spouse.

• Any appreciation or income generated by the inheritance (like interest or dividends) is also considered separate.

2.2. Prevent Accidental Commingling

Even if you intend to keep your inheritance separate, using those funds during the marriage can cause confusion. A prenup can clarify that:

• Using inheritance for joint expenses doesn’t convert it to marital property.

• Contributions to joint purchases don’t create shared ownership unless specified.

2.3. Protect Future Inheritance

Even if you haven’t received an inheritance yet, a prenup can outline how future gifts or family assets will be handled. This is especially important if:

• You expect to inherit a business or real estate.

• Your family wants to ensure wealth stays within the bloodline.

• You’re part of a blended family.

3. Inheritance in Second Marriages or Blended Families

Prenups are especially useful when one or both spouses:

• Have children from a previous relationship.

• Want to protect specific assets for those children.

• Are part of a family with a multi-generational estate or trust.

By defining who receives what, prenups help avoid inheritance disputes, especially in families with complex dynamics or multiple heirs.

4. Can a Prenup Override a Will or Trust?

In some situations, yes. If your prenup includes provisions about inheritance and financial distribution upon death or divorce, courts may enforce those terms over other estate planning documents—particularly if:

• The prenup was signed voluntarily.

• Both parties had full financial disclosure.

• The terms are fair and reasonable.

However, prenups and estate planning should work together, not against each other. If you have a will or trust, make sure it aligns with your prenup—or update both accordingly.

5. Common Misconceptions About Prenups and Inheritance

“I Don’t Need a Prenup Because Inheritance Is Separate Anyway.”

While that may be true at the start, commingling is easy and common. A prenup ensures that the lines stay clear—before there’s any confusion.

“We’ll Just Figure It Out Later.”

Waiting until emotions are involved or disputes arise makes protecting inheritance much harder. A prenup gets everyone on the same page early.

“Prenups Are Only for the Ultra-Rich.”

If you’re inheriting your grandparents’ home, a family farm, or a small investment portfolio—protecting that legacy matters just as much.

6. How prenups.ai Can Help

With prenups.ai, you don’t need a law degree—or a massive legal bill—to create a prenup that protects your inheritance and other important assets.

Our platform walks you through:

• Declaring separate property (including inheritance).

• Creating clear boundaries around commingling.

• Setting expectations for future inheritance.

• Customizing clauses for your family’s unique situation.

It’s legally sound, affordable, and built to comply with your state’s requirements.

7. Final Thoughts

Whether you’ve already received an inheritance or expect one in the future, a prenuptial agreement is a powerful tool for protecting what matters. It ensures that your family legacy stays intact—and that both you and your partner enter marriage with clear financial expectations.

📌 Start your customized prenup today at prenups.ai and take the guesswork out of inheritance protection.