ABA Family Legal Guide

Estate Planning

Other Estate-Planning Assets and Tools

Do prenuptial agreements play a role in estate planning?

Any couple in a situation where one partner has a lot more money or property than the other, or where one partner is substantially older than the other, should consider entering into a prenuptial agreement as part of their estate planning.

Older people with grown children from another marriage may want their property to go to their own children after they die, rather than to the new spouse and his or her children. A prenuptial agreement can accomplish this purpose. See chapter 3, "Family Law," for more information about prenuptial agreements.