- A prenuptial agreement can protect separate property, income, and inheritance rights.
- Maryland law allows prenups to determine spousal support and property division.
- Agreements must be entered into voluntarily, with full disclosure and fairness.
- Without a prenup, courts apply Maryland’s equitable distribution laws.
- A Maryland family law attorney can help ensure enforceability.
Imagine planning a wedding with joy and excitement—venue, flowers, dress—but then someone brings up the idea of a prenuptial agreement. Suddenly, the mood shifts. But what if the conversation wasn’t about doubt or mistrust but security, clarity, and peace of mind?
Prenuptial agreements have evolved far beyond “just in case” documents. Today, they’re powerful legal tools that protect both parties from uncertainty. These agreements offer several legal protections in Maryland to preserve financial stability and prevent future conflict.
Whether you’re entering a marriage with significant assets, family obligations, or simply a desire for transparency, a well-drafted prenup can provide the confidence you need to move forward together.
Let’s explore how Maryland law treats prenuptial agreements and what protections they provide. If you are ready to discuss a prenuptial agreement, contact Brodsky Renehan Pearlstein & Bouquet today.
What Is a Prenuptial Agreement?
A prenuptial agreement (also known as an antenuptial agreement) is a legal contract between two future spouses before marriage. It outlines how financial matters will be handled during the marriage and in the event of a divorce or death.
Topics often covered include division of property, spousal support, debt responsibilities, and inheritance rights.
Maryland Law on Prenuptial Agreements
In Maryland, prenuptial agreements are governed by contract law. While the state does not have a specific statute for prenups, courts recognize them as enforceable contracts if they meet specific requirements.
A valid prenuptial agreement should:
- Be entered into voluntarily
- Include a full, frank, and truthful disclosure of assets and their worth
- Be substantively fair at the time of execution and not unconscionable
- Be signed by both parties before marriage.
The Maryland Court of Appeals has emphasized the importance of truthfulness, fairness, and voluntariness in such agreements (see Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005)).
Protecting Separate Property and Future Earnings
One of the most common reasons couples create a prenuptial agreement is to protect assets owned before the marriage. Without a prenup, property acquired during the marriage is generally subject to equitable distribution upon divorce.
A valid prenup can:
- Classify property as separate or marital
- Shield businesses or investments from being divided
- Address how future earnings and retirement benefits will be treated
This protection can be critical for individuals with substantial wealth, business interests, or inheritance expectations.
Clarifying Debt Responsibilities
A prenup doesn’t just deal with assets—it can also address debts. Couples can agree on how premarital debts, such as student loans or credit card balances, will be handled. This is particularly helpful in marriages where one party is entering with significant liabilities. However, prenuptial agreements will not limit a creditor’s right to come after either party for jointly owned debts.
Spousal Support and Alimony
Maryland law allows couples to address spousal support in a prenuptial agreement, including:
- Waiving the right to seek alimony
- Setting specific terms for support regarding amount and duration
Safeguarding Inheritance Rights
Prenuptial agreements can also address inheritance, especially when one or both spouses have children from prior relationships. Under Maryland law, a spouse is typically entitled to an elective share of the deceased’s estate.
A prenup can waive this right, allowing spouses to protect their estate plans and ensure assets are distributed according to their wishes.
When You Don’t Have a Prenup
Without a prenuptial agreement, Maryland courts apply equitable distribution principles during divorce. This doesn’t necessarily mean a 50/50 split—courts consider factors like length of the marriage, contributions of each party, and financial circumstances.
If you want predictability and control in the event of divorce, a prenuptial agreement is your best protection.
The Importance of Legal Guidance
Working with a Maryland family law attorney ensures your agreement complies with Maryland law. A family law attorney can help with full financial disclosure, to negotiate terms, and to ensure the agreement is fair and binding. Trying to handle a prenup without legal guidance could result in costly legal challenges later on.
FAQ: Common Questions About Prenuptial Agreements in Maryland
Are prenuptial agreements enforceable in Maryland?
Yes, if entered voluntarily with full financial disclosure and fairness, prenuptial agreements are enforceable under Maryland contract law.
Can a prenup determine child custody or child support?
No. Maryland courts decide child custody and support based on the best interests of the child. These matters cannot be pre-determined in a prenup.
Does each spouse need their own attorney?
Each spouse should have individual counsel. Having separate counsel helps show that both parties entered the agreement knowingly and voluntarily and protects the validity of the prenuptial agreement if it is later challenged in court.
Can a prenup be changed after marriage?
Yes, by mutual agreement between the parties. Any changes should be made in writing and signed by both parties. These postnuptial agreements are also enforceable if properly executed.
What happens if we never signed the prenup?
If it wasn’t signed before the marriage, it’s not valid. You would need to explore a postnuptial agreement instead.
Can a prenup be overturned in court?
Yes, if a court finds it was signed under duress, involved fraud or misrepresentation, or is so one-sided at the time the agreement was executed that it’s unconscionable.
Understanding the Impact of a Prenuptial Agreement
Prenuptial agreements aren’t just for the ultra-wealthy or the overly cautious—they’re for anyone who values clarity, control, and protection as they enter a lifelong partnership. These agreements can shield personal assets, clarify responsibilities, and prevent painful legal disputes in the future.
With help from a trusted Maryland family law attorney, you can craft an agreement that strengthens your relationship, not undermines it.
If you’re considering a prenup or have questions about how one might benefit you, our team at Brodsky Renehan Pearlstein & Bouquet is here to help. As a leading Gaithersburg family law firm, we bring the knowledge and perspective you need to feel confident in your next steps.
Whether you’re planning for the future or seeking guidance after a major life event, speak with a Maryland family attorney who understands what matters most to you.
