What a prenuptial agreement can do for you
When people think about prenuptial agreements (also known as marital property agreements in Wisconsin), they typically envision wealthy couples seeking to protect their assets or parents ensuring their children still receive their inheritance after a remarriage. And while those are valid reasons to sign a prenup, there’s much more that these agreements can accomplish.
Without one in Wisconsin, a spouse is entitled to an undivided one-half interest in property acquired during the marriage, regardless of how the property is titled. This grants a spouse certain rights upon divorce or death.
Prenuptial agreements aren’t just about money, though. They’re flexible, practical tools that can cover everything from classification of property to debt protection to how you’ll handle major life decisions throughout the course of your relationship.
Smart protections to include
If you’re engaged and wondering whether a prenup makes sense, here are some of the lesser-known (but smart) protections couples are choosing to include today.
1. Classification of property
Although Wisconsin is a community property state, a prenuptial agreement allows parties to circumvent the default rule by classifying property as “individual property.” This is often done with real estate, bank accounts, and other property such as gifts or inheritance that may be commingled during the course of the marriage.
2. Debt protection
A prenuptial agreement can clarify that any student loans, credit card debt, or business liabilities one person brings into the marriage remain their responsibility. It can also protect you from future debt your spouse might incur, especially if you’re entering the marriage with very different financial backgrounds.
3. Defining digital property and online accounts
We live much of our lives online. Whether you run a small e-commerce shop, a growing social media channel, or a digital art portfolio, a prenup can clarify who owns what if the marriage ends. This is especially important for entrepreneurs, creators, and freelancers.
4. Reputation or behavior clauses
Worried about a breakup playing out online? A prenup can include a clause that protects your privacy and reputation, such as prohibiting the posting of private details or negative content on social media. Some couples include clauses about infidelity, substance use, or financial misconduct. These aren’t typically enforceable in Wisconsin as a no-fault divorce state, but they can serve as moral guidelines and help set clear expectations about boundaries and trust.
5. Religion and child rearing
For couples from different faith backgrounds, a prenup can reflect shared plans for how children will be raised, covering things like religious holidays, dietary preferences, and education. Courts in Wisconsin won’t enforce anything that overrides a parent’s legal rights or a child’s best interests, but making those intentions clear now can prevent misunderstandings later.
6. Sunset clauses
Some prenuptial agreements are designed to expire after a certain period, such as 10 years, or once specific milestones are reached, like purchasing a home or having children. These “sunset clauses” are valid in Wisconsin, offering flexibility as your marriage grows.
7. Clauses most people don’t think about
Startup clauses
Launching a business after marriage? A prenup can outline what happens to the company if you split — who owns it, how it’s valued, and whether either spouse gets a share.
Creative rights and intellectual property
Writers, musicians, designers, and other creatives can use a prenup to protect their intellectual property, including royalties or future earnings from content created during the marriage.
Pet custody provisions
A prenup can establish who will keep the dog, who will pay for veterinary care, or even how you’ll share pet parenting time. Courts often treat pets as property, but this helps avoid unnecessary conflict.
Education support agreements
Planning for one of you to go back to school? You can agree now on how tuition and living costs will be handled — and whether there’s repayment if the marriage ends before there’s a return on that investment.
Relocation terms
Whether for work or family, big moves can create tension. A prenup can lay out how relocation decisions will be made and what each spouse’s expectations are.
Income threshold adjustments
Some couples opt for flexible terms that adjust financial arrangements as income levels fluctuate over time. This keeps the prenup fair and future-focused.
Emergency fund rules
You can agree to build and manage a joint emergency fund with clear rules on how it’s contributed to and when it can be used — creating financial discipline and reducing stress.
It’s about clarity, not distrust
Prenuptial agreements often get a bad rap. But they’re not really about preparing for divorce — they’re about communicating openly and planning for your life together. Think of it as a financial blueprint or a relationship roadmap. Even if you never need to use it, you’ll be glad you made the effort.
Considering a prenup in Wisconsin?
Every couple is different. Whether you’re entering a first marriage, remarrying, or blending families, a prenuptial agreement can offer peace of mind and protection. The key is working with a family law attorney who understands the law and can tailor the agreement to your needs.
If you’re engaged or thinking about getting married, now is the perfect time to start the conversation.
