What Can Be Included in an Illinois Prenuptial Agreement?

 Posted on June 22, 2025 in Prenuptial and Postnuptial Agreements

As you prepare for marriage, you should be thinking about your financial future as well. Many couples in Illinois consider prenuptial agreements a responsible way to set expectations and avoid potential conflicts in the future. A well-written prenup will reduce uncertainty before entering into marriage, and speaking with an experienced Schaumburg, IL prenuptial agreement lawyer is the first step in drafting your contract and understanding how Illinois law applies to your case.

What Does Illinois Law Say About Prenuptial Agreements?

The Illinois Uniform Premarital Agreement Act, known as statute 750 ILCS 10/1, governs prenups and outlines what can and cannot be included, setting the rules for enforcement. For example, a prenup must be in writing, voluntarily signed by both parties, and made with full disclosure of each party’s assets and debts. The contract becomes effective upon marriage and can only be revoked or amended by both parties in writing.

What Property Can Be Protected in a Prenuptial Agreement in Illinois?

Asset division and protection are often thoroughly addressed. Common components included in an Illinois premarital agreement are:

• Separate and marital property: You can declare which property remains yours alone and which will be considered marital and subject to division in the event of divorce.

• Business ownership: A prenup can shield a business from being divided in a divorce, especially if only one spouse is involved in its creation or operation.

• Real estate ownership: If one spouse owns a home prior to marriage or expects to inherit property, a prenup can ensure it remains separate.

• Retirement accounts and investments: You can use a prenup to clarify how future contributions to IRAs, 401(k)s, and brokerage accounts will be handled.

• Debt liability: A prenup may assign responsibility for individual debts, such as student loans or credit card balances, to prevent the other spouse from liability.

A prenuptial agreement can also be used to waive rights to certain marital assets that would otherwise be divided.

Can You Decide Alimony in an Illinois Prenup?

You can address alimony, known as spousal maintenance in Illinois, in a premarital agreement. However, there are limits. Under 750 ILCS 10/4, you are allowed to include provisions for modifying or eliminating spousal maintenance, but the courts retain the power to invalidate that element of the contract if it would cause either spouse undue hardship. 

Note that anything related to children cannot be included. In Illinois, custody is called parental responsibilities and includes the allocation of decision-making obligations and parenting time, also known as visitation. If you were to divorce with minor children, the court determines the allocation of parental responsibilities based on the child’s best interests at the time of divorce or separation.

Learn More From a Schaumburg, IL Prenuptial Agreement Attorney

A prenuptial agreement is used to improve communication and lessen the distress of the divorce process, should it occur. Every couple’s needs and goals are different, which is why working with an experienced attorney is essential. The Illinois prenuptial agreement lawyers at A. Traub & Associates will guide you through what should be included and explain what Illinois law allows, ensuring that you have an enforceable contract in the end. Call 630-426-0196 today to schedule a confidential consultation.