Why A Prenuptial Agreement Is Important In The State Of Illinois

When most people become engaged, planning their divorce may not be at the forefront of their wedding preparations... But it should be. Prenuptial agreements are not only for the rich and famous, they are also for anyone who has assets or future wealth to protect in the event the marriage ends in divorce or even death, because often a party has children from a previous relationship for whom an earned inheritance may be better ensured. Keep in mind too, that in today’s economy, an even more popular reason for a prenuptial agreement is to fairly divide debt that is incurred during the marriage, such as medical debt and student loans.

With a prenuptial agreement, you have control over your assets. Without one, you are at the mercy of Illinois state law, which is ever-changing, and judges that vary widely in discretion. During a divorce, a person may be surprised to find that one's own retirement account does not belong to them alone. This is when having a prenuptial agreement in the state of Illinois can be beneficial.

A prenuptial agreement is also beneficial in the instance one spouse remained out of the workforce to raise children. An agreement would ensure that the financial burden of raising children is fairly shared by both parties since there would be a great discrepancy in the income during the marriage.

Other reasons a prenuptial agreement is a necessary part of marriage:

• To protect a partner that is significantly more wealthy. 
• Conversely, it can also protect the spouse that earns significantly less. 
• If this is not your first time down the aisle your financial and legal concerns will likely be very different this time around. You may already own a home, have children from a previous marriage, or have significant assets. 
• A prenuptial agreement is beneficial in ensuring that when you pass away, your assets are distributed the way you see fit. 
• If your partner has a high debt load and you don't want to be responsible for these debts if the marriage ends, a prenuptial agreement is also called also for. 
• If you own a business and do not have a prenuptial agreement between you and your spouse, they could end up owning a portion of your business. Chances are, if you no longer wish to be partners in marriage, you probably won't want to be business partners if the marriage fails. 
• In our mobile society, it can compel the use of Illinois law even if one or both spouses leaves Illinois. 
• It can place reasonable limits on the amount and duration of maintenance/alimony. 
• It can limit the attorney fees that you can be ordered to contribute to the other spouse. 

For more in depth information pertaining to your specific scenario, contact Illinois Prenuptial Agreement Attorney Vincent Ruggiero at 630-654-0044 for assistance with your prenuptial matters in DuPage, Will, Kane, and Cook Counties.


Vincent C. Ruggiero, Esq.
Contested Divorce, Custody, Maintenance,
Property & Business Division - Lawyer 1984,
CPA, Certified Mediator, Former "Fellow"
Illinois Collaborative Law Institute
website: RuggieroFamilyLaw.com
office: 630.654.0044
fax: 630.654.0150