Incorporate Your Prenup into Your Estate Plan

December 5, 2013

Later in life marriages, as well as second and third marriages that produce Blended Families, are increasingly common. Spouses entering into these marriages usually have more assets and, often, previous children that they would like to provide for in their will. For these couples, a recent article explains why it is important to incorporate your prenuptial agreement into your estate plan.

Importantly, if a married couple without a prenuptial agreement divorces, the surviving spouse is guaranteed a portion of the deceased spouse’s estate. This portion is known as the ‘elective share,’ and is different in every state. If the deceased spouse attempted to disinherit the surviving spouse or left him or her less than the elective share amount, the surviving spouse can elect to take the ‘elective share’ amount instead.

There are many reasons why the deceased spouse may not have wanted this. For example, the surviving spouse may be financially solid without the deceased spouse, and the deceased spouse would rather the assets go to children from a previous relationship. One of the few ways to block the surviving spouse from taking the elective share amount is to put it in a prenuptial agreement. If you have a prenuptial agreement and plan to do this, be sure that the estate plan and prenuptial agreement are coordinated with each other so that there is no confusion as to your intentions.  Another option is to gift assets into trust during lifetime with specific instructions as to what can/should happen upon death.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Top 5 Questions Franchise Owners Ask Their Accountants and Advisors

Discover the top financial and advisory questions franchise owners ask about taxes, cash flow, entity structure, growth planning, and long-term wealth strategies. Owning a franchise can offer tremendous opportunities for growth, scalability, and long-term wealth creation. However, whether you are ...

<p>The post Top 5 Questions Franchise Owners Ask Their Accountants and Advisors first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Estate Planning and Long-Term Care: What Families Should Consider

Explore how estate planning intersects with long-term care, Medicaid considerations, tax planning, and multigenerational wealth transfer strategies. Estate Planning and Long-Term Care: What Families Should ...

<p>The post Estate Planning and Long-Term Care: What Families Should Consider first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Q2 2026 Momentum: Why Mid-Year Retirement Plan Reviews Matter

Discover why the second quarter is an ideal time for retirement plan “spring cleaning,” including participant engagement, plan design reviews, and strategic opportunities for business owners and sponsors. As the second quarter unfolds, ...

<p>The post Q2 2026 Momentum: Why Mid-Year Retirement Plan Reviews Matter first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>