What Can Be Included in a Prenuptial Agreement in Indiana?

Prenuptial agreements are valuable tools for protecting your financial and personal interests before marriage. While every agreement is unique, there are several key elements commonly included in Indiana prenuptial agreements:

• Division of property and assets  
• Protection of inheritances  
• Business interests and ownership  
• Distribution of debts  
• Spousal support agreements  
• Exclusions from marital property  

At Villarrubia & Rosenberger, P.C., our skilled family law attorneys can help you craft a personalized prenuptial agreement designed to address your unique needs and priorities with care and precision. In this blog, we’ll explore each of these components in greater detail to provide clarity on their significance and practical implications.

Division of Property and Assets

A prenuptial agreement primarily serves to outline the division of property and assets in the event of a divorce, providing clarity and protection for both parties. Indiana law follows an “equitable distribution” model, which means assets are divided fairly but not necessarily equally. A prenuptial agreement allows you to bypass potentially contentious court rulings by clearly specifying how assets will be allocated.

For example, if you own significant investments or real estate before marriage, your agreement can stipulate these items remain your separate property. Alternatively, it can outline joint ownership agreements for marital assets.

Protection of Inheritances

A prenuptial agreement can safeguard familial inheritances for future generations. Suppose you expect to inherit family property, heirlooms, or significant financial assets. Without protection in place, these assets could be viewed as marital property if they are commingled during the marriage. Including inheritance stipulations ensures they remain solely yours, providing peace of mind for you and your family.

Business Interests and Ownership

Prenuptial agreements are a common tool for entrepreneurs and business owners seeking to safeguard their ventures. Marital property laws can complicate business ownership during divorce proceedings, especially if the business appreciates in value or generates significant income.

For example, a prenuptial agreement can clarify that a family-owned business remains solely one spouse’s property, protecting it from potential division or claims. Additionally, it can outline rules for future contributions to the business, such as efforts made by the other spouse during the marriage.

Distribution of Debts

Debt management is another critical component. Marital debt division can become a contentious issue when marriages end, especially when one spouse enters the union with significant liabilities. A prenuptial agreement can outline which debts remain personal obligations and which, if any, will be considered shared.

For instance, if one spouse enters the marriage with student loan debt or existing credit card balances, a prenuptial agreement can safeguard the other spouse from being held financially liable in the event of a divorce.

Spousal Support Agreements

Prenuptial agreements can also address spousal support, otherwise known as alimony. Couples can agree to the terms and conditions of support payments or even waive them altogether. It’s important to review these clauses with a lawyer to ensure their enforceability under Indiana law.

Exclusions from Marital Property

Lastly, prenuptial agreements can specify what is excluded from marital property. For example, personal items like artwork, intellectual property, or gifts may be excluded to prevent disputes over their ownership.

Contact Us For Help

Crafting a comprehensive prenuptial agreement in Indiana requires careful attention to both current circumstances and potential future scenarios. At Villarrubia & Rosenberger, P.C., our experienced family law attorneys create tailored prenuptial agreements that protect our client’s interests while fostering open communication and clarity in their relationships.

Whether you’re planning to protect personal assets, a business, or family inheritances, schedule a consultation with our team today.