Prenuptial Agreements for High-Net-Worth Couples

 Posted on September 30, 2025 in Family Law

When couples with a significant asset portfolio plan to marry, drafting a prenuptial agreement is generally a wise thing for them to consider. A prenup is a legal contract signed before marriage. It outlines rules for property, debts, and financial responsibilities. Although some worry that it seems unromantic, a prenup is a practical tool that provides clarity and reduces conflict if a marriage ends in divorce.

In Wisconsin, property division follows community property rules. This makes prenuptial agreements especially valuable for high-net-worth couples. The first step is to contact our Oconomowoc, WI prenuptial agreement lawyers. We will help you ensure that your agreement is valid and tailored to your unique financial situation so that it offers you maximum protection.

Why Do High-Net-Worth Couples Need a Prenuptial Agreement in Wisconsin?

In Wisconsin, marriage is treated as an economic partnership. This means that assets acquired during the marriage are generally divided equally if the couple divorces. Under Wis. Stat. § 767.61, the court presumes that property should be split 50/50. Under this community property system, it does not matter who earned more money or how each spouse contributed differently to the household.

That equal split may not make sense for couples with high incomes, real estate, or complex business holdings. A prenup allows a couple to define what belongs to each spouse individually and what is a shared asset. For example, a business owner may want to keep their company separate from marital property. Someone who owns multiple rental properties may wish to preserve those investments under their sole ownership.

A prenuptial agreement also helps protect children from prior relationships by making sure inheritances are secured. Without one, valuable assets could be tied up in lengthy disputes. Think of a prenup as a way to secure peace of mind.

What Can a Prenuptial Agreement Cover in Wisconsin?

A professionally drafted prenuptial agreement addresses a range of financial matters. The law, under Wis. Stat. § 766.58, allows you to opt out of Wisconsin’s default marital property system. Then, you can decide for yourself how assets and debts should be handled.

As previously mentioned, you can include plans for property ownership. What savings accounts were yours before the marriage? Do you have a large retirement account you want to keep separate? Other common issues that a prenup can cover include:

• Debt responsibility: Couples can decide who is responsible for premarital debts, like student loans or credit cards.

• Spousal support: The agreement can set guidelines for whether alimony, called spousal maintenance in Wisconsin, will be paid. You can even stipulate an amount.

• Business interests: Entrepreneurs may use a prenup to ensure their ownership and control of a company remain intact.

• Inheritance rights: A prenup can protect family heirlooms or ensure that certain assets go to children from a previous marriage.

• Investment accounts: Couples can decide whether future gains from stocks, bonds, or other investments will be treated as joint or separate property.

• Real estate holdings: The agreement can clarify ownership of vacation homes, rental properties, or land, so there is no dispute in a divorce.

A prenup cannot decide issues involving child custody or child support. Those issues are determined based on the child’s best interests at the time of divorce.

How Does Wisconsin Law Divide Property During Divorce in Wisconsin?

In a community property state, the law distinguishes between marital property and separate property. Typically, anything you owned before the marriage remains yours. The same is true for gifts and inheritance left to you individually. However, if separate property becomes mixed with marital property, it may lose its protected status.

This process is called commingling, and it often makes property division more complicated. Once assets are blended, it can be very difficult to prove what originally belonged to you. Even keeping good records may not be enough if the money or property was used in a way that benefited the marriage. For example, if you inherit money but deposit it into a joint account used for household expenses, the court may treat it as marital property.

For high-net-worth couples, commingling can happen with investment accounts, business income, or real estate improvements paid for with joint funds. A prenuptial agreement can clearly define how these assets will be treated and help avoid costly disputes in the future.

Common Mistakes That Can Invalidate a Prenuptial Agreement

Under Wis. Stat. § 767.61(3)(L), courts can reject agreements if they are unconscionable, meaning inequitable, or signed under unfair circumstances. Mistakes you should avoid to keep your prenup valid include:

• Failing to disclose assets or income when drafting the agreement.

• Signing a prenup too close to the wedding date or under pressure.

• Moving forward without independent legal counsel. Courts prefer when both spouses have their own attorneys.

• Including terms that are too one-sided and leave one spouse with almost nothing.

• Using vague or unclear language in the agreement, since it creates confusion and makes enforcement difficult.

• Not updating the prenup when circumstances change.

• Forgetting to follow proper signing formalities, such as having the agreement in writing and signed by both parties.

High-net-worth couples should be especially cautious. Complex assets require careful valuation.  Professional guidance is the best way to ensure that the prenup is thorough and legally sound.

Schedule a Free Consultation with a Waukesha County, WI Prenuptial Agreement Attorney

At Bucher, Wolff & Sonderhouse, LLP, Southeastern Wisconsin is our home, and Attorney Peter Wolff has spent his entire life in this community. That connection goes beyond geography. It means a deep familiarity with local judges, court systems, procedures, and even opposing attorneys. This insight provides a practical advantage when preparing and enforcing prenuptial agreements.

Our attorneys bring years of experience in Wisconsin family law. With that guidance, you can enter your marriage with confidence, knowing your future is protected if the unexpected occurs. Call 262-232-6699 today to schedule a free consultation with one of our dedicated Oconomowoc, WI prenuptial agreement lawyers. We are available seven days a week, 24 hours a day, because questions about your future should not have to wait until business hours.