High-Net-Worth Prenuptial Agreements for Business Owners

 Posted on June 28, 2025 in Family Law

According to a Harris Poll, 15 percent of American couples who are married or currently engaged have a prenuptial agreement. This is up significantly from just three percent in 2010. High-net-worth marriages, especially those with a business or extensive property, benefit even more from a well-written prenuptial agreement than the "average" couple.

It is possible to protect your company or your real estate without undermining your relationship, but a standard prenuptial agreement may not be sufficient. High-net-worth individuals who own or manage businesses or have real estate holdings worth millions need a prenuptial agreement to do more than simply list and divide the property. These individuals need comprehensive contracts that address income growth, valuation, and potential disputes.

A poorly drafted prenuptial agreement can potentially expose the business belonging to one spouse to future legal and financial risks should the marriage end. To determine what key provisions should be included in your own prenuptial agreement, speak to an experienced Cook County, IL family law attorney.

Why Business Owners Need a Prenuptial Agreement in Illinois

Those who have worked hard to start a business that is now a success may want to protect that business in the event of a divorce. Even those who owned a business prior to getting married could inadvertently end up with the business as a marital asset unless there is a legal agreement that says otherwise. The unique risks of divorce for business owners without a prenuptial agreement include:

• The valuation of a business is rarely straightforward.
•  Even businesses with significant value may not be easily divided, i.e., money cannot be withdrawn or shares split without potentially damaging the business.
• Operational control and/or continuity could be at risk.

Since Illinois is an equitable distribution state, absent a prenuptial agreement, marital assets will be divided fairly, although not necessarily in a 50/50 ratio. One spouse’s business could be deemed at least partially a marital asset, particularly if it has increased in value during the marriage. Regarding business concerns, the prenuptial agreement must establish ownership percentages, address the treatment of business income and dividends, provide protection from claims related to marital labor contributions, and prohibit transfers of ownership to a spouse.  

What Makes a High-Net-Worth Prenuptial Agreement Different?

High-net-worth individuals are more likely to have stocks, partnerships, real estate, and business interests. These assets carry a higher potential for disputes and litigation, making precise and enforceable language in the prenuptial agreement essential. As with any prenuptial agreement, separate property and marital property must be clearly defined, then divided between the spouses in a manner that courts will not later find unfair, thus rendering the agreement unenforceable.

Addressing Spousal Support  

Spousal support can be set or waived in a prenuptial agreement as a means of avoiding public battles. A waiver of spousal support must be fair, voluntarily signed, and supported by full financial disclosure. Some prenuptial agreements include a sunset clause that terminates or modifies terms after a specified number of years or upon the occurrence of a major life event, such as the birth of a child or the acquisition of substantial new wealth.    

Enforceability and Common Mistakes in Prenuptial Agreements

Using language that is either overly broad or too vague is one of the primary problems in high-net-worth prenuptial agreements. Language should be clear and concise while ensuring the provisions are fair and voluntary, and that both parties have legal counsel.

Failure to provide full financial disclosure can result in a prenuptial agreement being voided, which is never a positive outcome. Many people in high-net-worth or business ownership situations also fail to update their prenuptial agreement following a major business change. This can also result in the prenuptial agreement being challenged or voided.

Contact a DuPage County, IL Prenuptial Agreement Lawyer

A high-net-worth prenuptial is more than just protection – it is smart business planning that can benefit greatly from a Lisle, IL prenuptial agreement attorney from SpyratosDavis LLC. Our attorneys are highly focused on developing effective, feasible strategies. Working with experienced legal and financial advisors is crucial for a prenuptial agreement that is both enforceable and fair. Call 630-810-8881 to schedule your initial attorney meeting.