A Prenuptial Agreement, also known as an antenuptial agreement, premarital agreement or prenup for short, is a private contract between a future husband and wife who plan to marry that sets forth the distribution of assets as well as debts that will occur in the event of divorce or even death. While the content of such premarital agreements can vary, they generally include provisions relating to the division of property in the event of divorce, as well as setting forth any rights to spousal support, alimony and maintenance during or after the dissolution of marriage. They will also cover what is separate property and shared property.
Without such agreements, in a community property state, the state may grant each spouse one-half of the marital assets or in a non-community property state, the state may divide the assets based on an “equitable distribution
Definition of Prenuptial and Premarital Agreements.