What Can Be Included in a Prenup?
A prenuptial agreement can cover almost anything about a couple's finances, from who owns the house to who pays the credit card balances, but there are firm limits on what it can decide, and knowing both sides of that line is what makes an agreement worth signing. The Law Office of Chad Foster helps Snohomish County families with prenuptial agreements.
The Purpose of Setting the Terms
A prenuptial agreement is a contract signed before marriage that lets a couple set their own financial ground rules instead of relying entirely on Washington's default property system. Because it is a contract, couples have real freedom to shape it. But that freedom operates against a backdrop of Washington law, and it stops cold at certain subjects the courts will not allow spouses to bargain away. Understanding what belongs in a prenup, and what can never be in one, helps couples build an agreement that actually works.
Property Characterization and Division
The heart of most prenups is property. In Washington, the default rules come from the community property system. Under RCW 26.16.010, property owned before marriage and property received during marriage by gift or inheritance is separate property. Under RCW 26.16.030, most property acquired during the marriage is community property, owned equally by both spouses. A prenuptial agreement lets a couple change these defaults.
A prenup can specify that assets one partner brings into the marriage stay that partner's separate property. It can address how income earned during the marriage will be treated, whether a family business remains with the spouse who owns it, and how appreciation in value will be characterized. It can also spell out how property will be divided if the marriage ends, rather than leaving that to the usual community property presumptions. These provisions are the most common and most useful part of a well-drafted agreement, because they replace uncertainty with a clear plan both people agreed to in advance.
Debt Allocation
Property is only half of a couple's financial picture. Debt is the other half, and a prenup can address it directly. Couples can agree that debts one partner brings into the marriage remain that partner's sole responsibility, as between the spouses. A private allocation does not automatically release either spouse from a creditor's existing contract rights. They can also set expectations about how debts incurred during the marriage will be handled. For couples where one partner carries significant student loans, business liabilities, or prior obligations, this kind of clarity can be one of the most valuable things the agreement provides.
Spousal Support and Maintenance
A prenup can also address spousal support, sometimes called maintenance, if the marriage ends. Couples may agree to waive maintenance entirely, to set a formula for it, or to cap the amount or duration. These provisions receive careful scrutiny from courts because they can leave one spouse in a difficult position, so fairness in both the terms and the process is essential. A maintenance provision that seems reasonable when signed is far more likely to be honored than one that leaves a spouse with nothing after a long marriage. This is an area where thoughtful drafting matters most. The proposed terms must also satisfy Washington's prenup enforceability standards.
Estate and Inheritance Provisions
Many couples use a prenup to coordinate with their estate plans. An agreement can define what each spouse will or will not receive from the other's estate, which is especially important in second marriages where each partner wants to protect an inheritance for children from a prior relationship. Prenups and estate planning documents work best when they are drafted to fit together, so the promises in one are reflected in the other. Parents should understand the limits on child-custody provisions in a prenup.
What a Prenup Cannot Include
Now the firm limits. A prenuptial agreement cannot decide anything about children's custody or support. In Washington, decisions about where children live, how parenting time is shared, and how much child support is paid are made based on the best interests of the child at the time the question comes before the court. Parents cannot contract those decisions away before the children even exist, and a court will disregard any prenup provision that tries to lock in custody or waive a child's right to support. Child support belongs to the child, not the parents, so no agreement between the spouses can sign it away.
A prenup also cannot include terms that are illegal or that try to encourage divorce, and it cannot force a court to enforce an agreement that fails Washington's fairness standards.
Fairness Governs Everything
Whatever a prenup includes, it must satisfy the fairness test Washington courts apply. Under In re Marriage of Matson, 107 Wn.2d 479, 730 P.2d 668 (1986), a court first asks whether the agreement is substantively fair to the spouse not seeking to enforce it. If it is, the agreement stands. If it is not, the court examines whether the process was fair, meaning whether there was full disclosure of each spouse's property and whether the agreement was entered voluntarily with independent legal advice and full knowledge of each spouse's rights. So even a generous list of permissible terms only holds up if the couple built the agreement the right way, with honesty and independent counsel on both sides.
A Snohomish County Perspective
Couples in Snohomish County often come to a prenup wanting to protect a first home, a growing business, or an inheritance meant for children from an earlier marriage. All of those goals fit comfortably within what a prenup can do. The mistakes we see usually involve overreaching, such as trying to predetermine custody, or cutting corners on disclosure and independent advice. A prenup that stays within its proper lane and is built on full transparency serves a couple far better than an ambitious one that a court later refuses to enforce.
Building an Agreement That Lasts
A prenup can thoughtfully address property, debt, spousal support, and inheritance, giving a couple real control over their financial future, but it cannot touch child custody or child support, and it only works if it is fair in substance or in process. The Law Office of Chad Foster helps couples across Snohomish County craft prenuptial agreements that cover what they should, avoid what they cannot, and stand up to Washington's fairness requirements. We would welcome the chance to help you build one that fits your family.
Need help with a divorce or family law matter in King or Snohomish County? Learn about our divorce, custody, and support services, or call 425.785.8679 for a consultation.