Does a Prenup Address Future Assets?

As you and your partner plan your future together, you're likely thinking about your shared goals. Maybe you're hoping to buy a home, grow a business, or build long-term wealth. That brings up an important question: Can a prenup cover assets you don’t even have yet?

The answer is yes. 

A well-drafted prenup isn’t just about what you own today. It’s a forward-looking tool that helps you protect what you build together in the years ahead.

Navigating these conversations takes clarity and care. At Neptune, we help you and your partner make thoughtful financial decisions together. With support from vetted family law attorneys, you can create an agreement that reflects your shared goals and evolving life.

Understanding "Future Assets" in a Prenup

Future assets are any income or property acquired after you're married. These might include:

• Salaries, bonuses, and commissions
• Growth in a business that one of you owns
• Investments such as stocks and bonds purchased during the partnership
• Real estate you buy as a couple
• Retirement funds accumulated over time
• Future inheritances or gifts

A prenup agreement gives you the chance to define how these assets should be treated. One of the key distinctions you’ll make is between separate property and marital property.

Plainly put, marital property refers to what you acquire together during the marriage. A prenup helps set the rules for what counts as joint versus individual, so there’s no confusion later on.

How a Prenup Can Address Different Types of Future Assets

Every couple’s situation is different. A prenup lets you tailor your agreement to match your plans and priorities. Here are a few examples:

• Business interests: If one partner owns a business, the prenup can spell out how any growth in its value during the marriage will be treated. You can agree that the increase stays separate, or that it will be shared. If it’s being shared, you can even detail how it would be shared (e.g. 50/50, 70/30 etc). 
• Income and investments: You can decide whether to combine income into joint accounts or keep it separate. The agreement can also define how investments made from that income will be classified.
• Future inheritances: If one of you expects to receive an inheritance, the prenup can state that it will remain separate property. This helps preserve family assets across generations.
• Debt responsibility: A prenup isn’t only about assets. It can also define how debt will be handled. If one partner takes on student loans or business debt, the agreement can clarify that the responsibility stays with them.

What Makes These Clauses Enforceable?

For your prenup to cover future assets in a meaningful way, it needs to meet certain legal standards. Here’s what makes the agreement more likely to hold up in court:

1. It must be in writing: All prenuptial agreements must be written documents and signed by both partners. Verbal agreements aren’t generally enforceable.
2. There must be full disclosure: Both partners need to share a complete and accurate picture of their financial situation. This includes all assets, income, and debt.
3. The agreement must be fair: Courts may reject prenups that are clearly one-sided. The agreement should reflect mutual understanding and benefit.
4. You should have separate lawyers: It’s best for each of you to get independent legal advice. Courts are more likely to uphold an agreement if both partners had separate representation.

Planning Your Future Together With Neptune

A prenup isn’t just about protecting what you have. It’s about planning for what you’re building together financially, emotionally, and practically.

This is your chance to talk honestly about your goals, make informed decisions, and create a financial plan that supports your life as a couple. When done well, a prenup is a relationship-strengthening tool, not a fallback plan.

Neptune is here to guide you through this process with clarity, care, and expert support. We’ll connect you with experienced family law attorneys who can help you draft a customized agreement that fits your future.

Start the conversation with Neptune today.