For many people, navigating life as a divorcee means finding a balance between being able to trust again while also learning from the past, especially when it comes to money. Remarrying brings hope, but it also brings financial and legal complexity, particularly when children from a previous relationship are involved.
If you’re entering a blended family, a prenuptial agreement can offer clarity, protect your children’s financial future, and create a solid foundation for your new marriage.
Understanding Finances When Getting Remarried
Many couples underestimate how remarriage can impact their financial rights and responsibilities. In Illinois, any income or property acquired during the marriage is presumed to be marital property, regardless of whether you maintain separate bank accounts. This is especially important for blended families, where each spouse may bring different financial obligations and expectations into the marriage.
For example, if one spouse continues to pay child support or college expenses from a previous marriage, those obligations can influence the couple’s shared finances. Without a prenuptial agreement, even assets kept in separate accounts could become subject to division in divorce.
In Illinois, income or property that you acquire during the marriage is usually marital property. This can be true even if an account is in one name. Keep non-marital assets separate. Avoid commingling. For definitions and exceptions, see the Illinois Marriage and Dissolution of Marriage Act, Section 503.
Equitable is NOT Equal
Illinois law requires an equitable division of assets, not necessarily an equal one. This often surprises high earners, who assume they’ll retain more of what they brought into or earned during the marriage. Courts look at earning potential and past contributions, which can lead to divisions that feel one-sided particularly for those entering a second marriage with significantly more assets.
For blended families, a prenuptial agreement can help clarify each spouse’s contributions and future rights. This avoids confusion and resentment, especially when trying to balance stepchildren’s needs, long-term financial goals, or inheritance planning.
Courts divide marital property fairly. Fair does not always mean fifty-fifty. Judges look at the length of the marriage. They look at each spouse’s contributions. They also look at earning power. A clear prenuptial agreement sets expectations. It reduces risk for both spouses in a second marriage.
Understanding Prenuptial Agreements
A prenuptial agreement is a written contract entered into before marriage that outlines how finances, property, and debts will be managed. It can protect premarital assets including real estate, retirement accounts, businesses, and inheritances from being considered marital property.
In blended families, prenups are especially useful for:
- Preserving inheritances for biological children
- Clarifying ownership of large purchases (e.g., a new shared home)
- Ensuring prior obligations (like alimony or child support) remain separate
It also protects against unintentional asset commingling, like using inheritance funds for a marital home, which could make them divisible in a future divorce.
Prenuptial Agreements Enforceability in Illinois – What Courts Look For?
A prenuptial agreement must be in writing. Both parties must sign it. Courts look at voluntariness. Courts also look at fairness at the time of signing. See the Illinois Uniform Premarital Agreement Act.
Voluntary signing
No pressure. No last minute surprises. Give each party time to review. Independent lawyers for each party are not required, but they are strongly recommended. Separate counsel helps show a voluntary choice.
Financial disclosure
Share current income, assets, and debts. Attach simple schedules. If one party waives more disclosure, the waiver must be clear and in writing. Courts will check whether a party knew enough to make an informed choice.
Fair at signing
Courts apply a two-part test. First, they ask if the terms were unconscionable when signed grossly one-sided given the circumstances and information available at that time. Second, they ask if enforcing the agreement now would be unconscionable. Under 750 ILCS 5/502(b), a court can refuse to enforce an agreement that was unfair at execution or would create unfair results at enforcement.
Hardship safety valve
If a prenup limits or removes spousal support and that causes undue hardship based on changes that no one could foresee, a court may order support anyway. This is narrow. It protects against extreme outcomes.
Children and public policy
A child’s right to support cannot be negotiated or reduced by a prenup. This applies to existing children from prior relationships and any future children of the marriage. Parenting and custody terms belong in later orders based on the child’s best interests at that time. See Section 4(b) of the Illinois Uniform Premarital Agreement Act.
Execution best practices
Sign well before the wedding. Initial each page. Consider notarization. Store executed originals and a final PDF. Keep proof of what you exchanged in disclosure.
Housekeeping clauses
Include severability. Include a method for amendments in writing. Consider a choice of law clause that selects Illinois. Add a venue clause for the county where you live.
Provide Financial Stability for Your Children
For parents remarrying, protecting their children’s financial future is often a top priority. A prenuptial agreement ensures that assets intended for your children from a previous relationship remain outside the marital estate and are shielded from division.
This protection is especially important when:
- One spouse brings significantly more assets into the marriage
- Children have educational or medical needs
- You want to guarantee an inheritance regardless of future circumstances
While prenups cannot set custody or child support terms, they can preserve college funds, savings accounts, and estate intentions that benefit your children. In Illinois, a child’s right to support cannot be limited by a prenup. Use the prenup to protect future assets for children. Coordinate the details with your estate plan.
Coordinate Your Prenup With Your Estate Plan (Critical for Blended Families)
Your prenup should align with your will, your trusts, and your beneficiary choices. This protects children from a prior relationship if one spouse dies first. Decide in writing which assets stay separate for your children. Decide if either spouse will waive statutory renunciation rights under 755 ILCS 5/2-8. These waivers require specific language in both your prenup and estate documents to be enforceable. Consider life insurance or a trust to balance needs. Update retirement and insurance beneficiaries to match the plan. Work with both a family law attorney and an estate planning attorney to coordinate these documents. For renunciation rules, see Probate Act Section 2 8.
Determine the Division of Future Marital Assets
In addition to protecting premarital assets, a prenuptial agreement can outline how future marital assets will be divided if the marriage ends. This is key in second marriages, where parties often want to preserve a portion of new assets for their respective children.
You can also specify how joint investments, real estate purchases, or business interests will be handled. This can reduce future legal costs and provide peace of mind that both parties understand the financial structure from day one.
Business and Equity Compensation
If you own a business or get equity pay, be clear. Specify how to treat growth in a business you owned before marriage. In Illinois, active appreciation driven by marital effort or contributions may be considered marital property even if the business itself remains non-marital. Address this explicitly. Outline how to treat new grants, stock options, or RSUs that you receive after the marriage
Making It Stick: Timing, Disclosure, and Counsel
Use this short checklist before you sign a prenup. It helps show that both people made a free and informed choice.
- Start early. Aim to begin 60 to 90 days before the wedding.
- Hire separate lawyers. Each party should have independent counsel.
- Exchange statements. List income, assets, and debts. Attach simple schedules.
- Sign well before the wedding. Use initials on each page. Consider notarization. Keep a final PDF and the signed originals.
5 Reasons Why You Should Consider a Prenuptial Agreement for a Second Marriage
Second marriages come with more financial moving parts than most people realize. Here’s why a prenup is particularly smart for remarriage:
- You Have Children from a Prior Relationship
You can set aside assets or inheritance rights for your children and prevent future disputes between them and your new spouse. - You’re Bringing Substantial Assets into the Marriage
Homes, retirement accounts, and business interests deserve protection and clear ownership boundaries. - You’ve Experienced a Costly Divorce Before
A prenup provides legal clarity and reduces the emotional and financial toll of a potential second divorce. - You’re Still Supporting Someone Financially
Child support or spousal maintenance from a previous marriage should be kept separate, a prenup ensures that. - You Want to Plan Fairly While You’re on Good Terms
It’s far easier to negotiate financial decisions when there’s goodwill rather than conflict.
A clear agreement today costs less than uncertainty later.
Takeaway Checklist: Blended Family Prenup: 8 Decisions to Make
- Premarital assets to keep separate
- Home equity and any new home purchase
- Business interests and appreciation
- Bonuses, RSUs, options, and carried interest
- College or 529 plans and reimbursement
- Life insurance and beneficiary updates
- Trust and will provisions for stepchildren
- Dispute resolution method, such as mediation
Conclusion: Protecting What Matters Most in a Blended Family
Remarrying is not a reset. It is a plan. A prenuptial agreement protects children and preserves hard-earned assets. It sets clear expectations for both spouses.
Ready to protect what matters in your blended family? Schedule a confidential consultation with our Illinois family law team. Prefer to prepare first? Download our Blended Family Prenup Checklist for Illinois and bring it to your first meeting.
FAQs: Remarrying with Children? Here’s Why You Need a Premarital Agreement
Is a prenup enforceable in Illinois if we each had our own lawyer and exchanged disclosures?
Yes. Courts look at voluntariness. Courts also look at fairness at the time of signing. Courts review whether you had enough financial information or a clear waiver. In rare cases, a judge may order limited support to prevent hardship.
Can a prenup waive my new spouse’s right to take part of my estate if I die first?
Yes, but it requires careful coordination. A prenup can include waivers of statutory inheritance and renunciation rights under 755 ILCS 5/2-8, but those waivers must comply with both the Illinois Marriage and Dissolution of Marriage Act and the Probate Act. Many couples address this in the prenup and then execute separate estate waivers when finalizing wills and trusts. Work with both a family law attorney and an estate planning attorney to ensure all documents are properly coordinated and enforceable.
Can a prenuptial agreement protect my children’s inheritance?
Yes. A prenup allows you to define which assets are set aside for your children and ensures they remain separate from marital property.
Do both spouses need lawyers for a prenup in Illinois?
It’s not required but highly recommended especially in blended family situations. Independent legal advice protects both parties and strengthens enforceability.
What if I’m still paying child support or alimony from a previous marriage?
A prenup can clarify that these financial responsibilities remain personal so they do not impact your new spouse.
Can I include custody or child support terms for my existing children in a prenup?
No. Illinois law does not allow custody or child support terms to be predetermined in a prenuptial agreement. Those decisions are made based on the child’s best interest at the time of filing for divorce or legal separation.
