For protecting an inheritance
Can a prenup keep my inheritance separate if we divorce?
It can. An inheritance usually starts as your separate property, but that status is kept or lost by how it is handled, not by the label alone. The harder questions are the income it earns and the way it grows during a marriage. A prenup lets you settle all three in advance, even for an inheritance you have not received yet. Neptune is the lawyer-led online prenup service: both partners get their own lawyer for one flat fee.
Flat fee of $5,000 per couple. No payment to get started.
Where people are caught off guard
An inheritance is separate by default, but that can slip
Start with the reassuring part. In most cases an inheritance is the separate property of the person who received it, whether it came before or during the marriage. On its own, it is not part of what gets divided.
The catch is that an inheritance keeps its separate character through how it is handled, not because of the word on it. Most disputes are self-inflicted: money that started clearly separate becomes hard to trace after a few years of ordinary married life.
Commingling
The most common way an inheritance loses its separate character is mixing. Money deposited into a joint account, or used to pay shared bills, can become hard to tell apart from marital funds. Once the line blurs, a court may treat the whole account as shared.
Marital effort or funds
An inherited asset that you actively grow during the marriage, or improve with marital money, can pick up a marital character in the part attributable to that effort or spending. An inherited home renovated with joint income is a common example.
Three questions, not one
The asset, its growth, and its income are treated separately
The mistake is thinking an inheritance is one thing that is either kept or lost. In practice a court can reach a different answer for the asset itself, for the way it grows, and for the income it throws off during the marriage. Rules for these differ from state to state.
The asset itself
The inheritance you receive is usually separate property to begin with, and stays that way as long as it is kept identifiable and apart from marital money. This is the part most people already understand.
Its appreciation
Growth in value splits into two kinds. Passive growth, where an inherited stock portfolio or property rises on its own, often stays separate. Active growth, from a spouse’s effort or from marital funds put in, can be treated as partly shared.
Its income
Dividends, rent, interest, or distributions the inheritance produces during the marriage are a separate question again. If that income is kept apart it is easier to defend as separate; if it flows into the joint finances it can be treated as shared.
A couple where one partner inherits a rental property might find the property itself stays separate, while the rent collected during the marriage, or a rise in value driven by the couple’s work on it, is treated as at least partly shared. Your attorney can review how these lines are drawn where you live, and a prenup can settle them in advance.
The part people miss
You can protect an inheritance before it ever arrives
You do not have to wait until money is in your account to plan for it. A prenup can classify a future or expected inheritance as separate property in advance, so the treatment is fixed before the question is ever live.
That matters because expectations change and family plans shift. Settling the framework now, while things are calm, is far easier than reconstructing intentions later. Your attorney can help frame an expected inheritance even when the exact timing or amount is still uncertain.
What a prenup can address
Six places an inheritance meets prenup planning
An inheritance you have not received yet
A prenup can classify a future or expected inheritance as separate property before it ever arrives, so the treatment is settled in advance rather than argued later. This is one of the clearest reasons people in line for an inheritance reach for one.
Keeping the tracing problem from ever starting
If a dispute arises, the spouse who received the inheritance usually has to prove it stayed separate. A prenup can set the ground rules up front, so you are not reconstructing years of statements to show what came from where.
Appreciation from marital effort
A prenup can address whether growth in an inherited asset that comes from a spouse’s work or from marital money is treated as separate or shared, rather than leaving that line for a court to draw after the fact.
Income the inheritance produces
Rent, dividends, and distributions during the marriage can be handled directly in the agreement, so it is clear whether the income stays with the inheriting partner or is shared.
Using inherited money for a shared home
Many couples use an inheritance for a down payment on a house they own together. A prenup can record that contribution and how it is credited, so a generous move does not quietly convert the whole inheritance into a shared asset.
A family trust in the picture
Inheritances are often held in a trust with its own terms. A prenup can be written to work alongside a trust rather than against it. Your attorney can review how the two fit together.
A clear comparison
Template platform vs lawyer-led prenup
A fill-in-the-blank form can state that an inheritance is separate. It cannot weigh appreciation against income, coordinate with a family trust, or credit a down payment. Here is how a template compares with a lawyer-led prenup for protecting an inheritance.
| Feature | Template platform | Lawyer-led prenup (Neptune) |
|---|---|---|
| Classifies a future or expected inheritance | Generic separate-property clause | Defined for your situation |
| Handles appreciation and income separately | Rarely distinguished | Addressed in the agreement |
| Coordinates with a family trust | Not considered | Reviewed by your attorney |
| Independent counsel for each partner | None | A separate attorney for each of you |
| Cost | Low upfront, unclear if it holds up | $5,000 flat, both attorneys included |
How Neptune works
Three steps to a prenup that keeps an inheritance clear
Guided intake for what you are protecting
Neptune’s AI-guided intake asks about what you have inherited or expect to, how it is held, and what income it produces, in plain language. No legal jargon required.
A consultation with your own attorney
Each partner is connected with a separate, experienced family law attorney who can review how a present or future inheritance, and its income and appreciation, should be handled. Consultations are free.
An agreement that keeps it clear
Your attorneys draft terms that record what stays separate and how any growth or income is treated. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.
Transparent pricing
One flat fee. Two independent attorneys.
Each partner gets their own licensed attorney. One drafts the agreement; the other reviews it on behalf of the second partner.
$5,000
per couple, total
Rush pricing applies when the wedding is within 45 days. No payment required to get started.
Guides for you
Guides on assets, debt, and equity
Start with the guides other couples read before they begin, then take the next step when you are ready.
Common questions about inheritances and prenups
Is my inheritance separate property if I get divorced?
In most cases an inheritance starts as the separate property of the person who received it, whether it arrived before or during the marriage. That status is not automatic forever, though. It can be lost if the inheritance is mixed with marital money or handled in a way that looks like it was meant to be shared. Rules for dividing property differ from state to state, and your attorney can review what applies where you live. A prenup can set out that an inheritance, present or future, is meant to stay separate.
What happens to the income and growth on an inherited asset?
This is where many people are caught off guard. Even when the inherited asset itself stays separate, the income it produces during the marriage and the growth in its value can be treated differently. Passive growth, where the value rises on its own, is often easier to keep separate. Growth that comes from a spouse’s effort or from marital funds, and income that flows into the joint finances, can be treated as partly shared. A prenup can address income and appreciation directly so it is not argued from scratch later.
Can a prenup cover an inheritance I have not received yet?
Yes. A prenup can classify a future or expected inheritance as separate property before it arrives, which is one of the strongest protections available. Without one, you are relying on your own handling of the money and on your state’s default rules. With one, the treatment is written down in advance. Your attorney can review how to frame an expected inheritance, since the details of your family’s plans may still be uncertain.
What if I use my inheritance for a house we buy together?
Using inherited money for a down payment on a shared home is common, and it does not have to convert the whole inheritance into a shared asset. A prenup can record the contribution and how it is credited if the marriage ends, so a decision made to help the household does not quietly erase the separate character of what you brought in. Your attorney can review the approach for your state.
What does it cost and how long does it take?
Neptune charges a flat fee of $5,000 per couple, which covers two independent attorneys, one for each partner. No payment is required to get started. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys. Rush pricing applies when the wedding is within 45 days.