Category: Prenuptial Agreements
12.23.25
Category: Prenuptial Agreements
Written by Olivia St. Clair Long on 4.28.26
“Why would I need a prenuptial agreement if I don’t have any assets?” At first glance, the question makes sense. If there’s nothing to protect, why bother with a legal agreement? But under Illinois law, this assumption is flawed. In reality, prenuptial agreements are not just for the wealthy; they are for everyone.
In other words, yes. You should strongly consider signing a prenup even if you have no assets at the moment. A prenup is not just about what you have today, it’s about what you will earn, acquire, and potentially owe in the future. If you are getting married in Illinois and you are asking yourself whether you need a prenup, you do, and our experienced prenup attorneys can help.
What is a Prenuptial Agreement?
A prenuptial agreement, sometimes called an antenuptial agreement, a premarital agreement, or simply a “prenup,” is a legal contract entered into by two people before they ger married. In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act (IUPAA), codified at 750 ILCS 10/1 et seq. The statute defines a premarital agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” 750 ILCS 10/2.
A prenup must meet two basic requirements in order to be valid and enforceable: it must be in writing, and it must be signed by both parties. It becomes effective the moment the couple is legally married.
The Misconception: “No Assets Means No Prenup”
The idea that prenups are only for wealthy individuals is outdated. It reflects a misunderstanding of what these agreements actually do.
A prenuptial agreement is not just a tool to protect existing property. It is a forward-looking contract that allows couples to define their financial and property rights during the marriage (what’s mine, what’s yours, and what’s ours?), and how they want to handle property division if the marriage comes to an end.
In other words, it’s not about what you have now, it’s about what you are building together and how you want that handled if things don’t go as planned.
What Can a Prenuptial Agreement Cover?
One of the most important things to understand about prenuptial agreements is just how broad their scope can be. A prenup is a remarkably versatile tool. Spouses-to-be may contract with respect to a wide range of financial matters, including:
Illinois Law Specifically Allows You to Address Future Assets
The prenup law in Illinois applies to both present and future property. That means that even if you have no savings, real estate, or investments to speak of, you can still create enforceable terms governing assets you might have in the future. These include your future income, retirement accounts, businesses you may start, or other property you may acquire during the marriage.
Marriage, in the best of circumstances, is a decades-long journey. The couple standing at the altar today may be young professionals with student debt, a used car, and a shared Netflix subscription. But 10 years from now, they may own a home, have retirement accounts, run a business, and have accumulated years of income and savings. All of that future wealth is shaped by the financial framework that they establish before the wedding.
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/503, anything a couple acquires during the marriage is presumed to be marital property, subject to equitable distribution in the event of divorce. That includes the house you buy together, the retirement contributions you make over decades, and the business you build from scratch during the marriage. A prenuptial agreement lets you define in advance how these future assets will be treated rather than leaving that decision to a court.
Most people accumulate the majority of their wealth during marriage, not before it. Without a prenup, Illinois law will govern how that property is divided if the marriage comes to an end. A prenup allows you to opt out of that framework and create your own rules instead.
Planning for Future Debt and Liability
One practical and underappreciated function of a prenup is debt protection. Many couples today enter marriage carrying significant financial obligations, like student loans, credit card balances, medical debt, or personal loans. Under the law in Illinois, debt incurred during a marriage is generally treated as marital debt, potentially making both spouses liable.
A prenuptial agreement can clearly establish that each spouse remains solely responsible for the debts they brought into the marriage and, optionally, for debts they incur independently during the marriage. Without such a provision, your financial future could be materially affected by obligations you had no part in creating.
This can be especially helpful if:
Without a prenup, these issues can become contentious and costly in a divorce.
Spousal Maintenance (Alimony)
Another critical function of a prenup is addressing spousal maintenance (formerly known as alimony). Under 750 ILCS 10/4(a)(4), parties may agree to modify or even waive maintenance in their prenup. However, courts may still review such provisions at the time of enforcement to ensure they are not unconscionable.
Why does this matter if you have no assets?
Because income disparities between spouses often develop over time. One spouse may leave the workforce to raise children, or one spouse’s career may significantly outpace the other. When this happens, without a prenup in place, spousal maintenance will be determined by statute and judicial discretion at the time of divorce. Illinois courts consider numerous factors under 750 ILCS 5/504, including the length of the marriage, the standard of living during the marriage, and each spouse’s income and employability.
Parties to a premarital agreement, however, may modify or even eliminate the right to spousal maintenance altogether, subject to certain limits. This does not mean a prenup should be used to take unfair advantage of a lower-earning spouse. But it does mean that two adults who understand each other’s financial realities can make informed, mutual decisions about how support will be handled rather than wasting money litigating the issue down the road.
Protecting a Future Business Venture
Perhaps neither of you currently owns a business. But what if one of you plans to start one? Or what if a business opportunity arises during the marriage? Under Illinois law, a business started or grown during a marriage using marital funds, time, or effort can be considered marital property, even if only one spouse was involved in running it.
A prenuptial agreement can define in advance how a future business will be treated: whether it remains the separate property of the founding spouse, how it will be valued in the event of divorce, and what rights (if any) the non-founding spouse will have in it. This protection is especially important for entrepreneurs, creative professionals, and anyone who anticipates building something of value during the marriage.
Protecting Anticipated Inheritances
You may not have assets today, but you may reasonably expect to inherit them in the future from a parent, grandparent, or other family member. Under Illinois law, inheritances received during a marriage are generally treated as separate (non-marital) property, but the line can blur when inherited funds are commingled with marital accounts or used to purchase marital property.
A prenuptial agreement can reinforce the separate nature of anticipated or received inheritances, providing a clear record of intent. Additionally, a prenup can address spousal rights in the event of death. Under Illinois law, a surviving spouse is typically entitled to a share of the deceased spouse’s estate even if the will says otherwise. A prenuptial agreement can waive these elective share rights, ensuring that family property or heirlooms pass according to your wishes and not the default rules of intestate succession.
Reducing Conflict and Legal Costs
No one walks into a marriage expecting it to end, but statistically, a meaningful percentage of marriages do. Divorce litigation is expensive, time-consuming, and emotionally draining. A carefully drafted prenuptial agreement resolves contentious issues in advance, when both parties are acting in good faith and are fully aligned.
The result is a faster, cheaper, and less contentious process if the marriage does end. Even couples who never divorce often find that a prenuptial agreement reduces financial friction during the marriage itself by establishing clear expectations about money, property, and financial roles from the outset
Think of a prenup as a form of insurance; you hope you never need it, but it can save substantial cost and stress if you do.
Why Illinois Law Supports Prenups for Everyone
Illinois courts generally favor freedom to contract. The Illinois Uniform Premarital Agreement Act reflects a policy of allowing couples to decide their own financial arrangements, within reasonable limits.
This modern approach recognizes that:
Prenups are no longer viewed as pessimistic or only for the wealthy. They are increasingly seen as a practical planning tool.
A Chicago Prenup Lawyer Can Help
So, do you need a prenup even if you have no assets? Yes.
If you are entering a marriage in Illinois without significant assets, you are not entering a world without financial risk. You are entering a legal framework that will govern everything you build together, every debt you carry, every career move you make, and everything you hope to pass on someday. Even if you have no assets today, you have a future. A prenuptial agreement is how you protect it. The knowledgeable prenup attorneys at O. Long Law, LLC, can help answer all of your prenup questions. If you are planning your wedding, add scheduling your consultation with us to your To-Do list today.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice.
Category: Prenuptial Agreements
12.23.25