Can a Prenuptial Agreement Protect My Business in a Divorce?

 Posted on January 19, 2026 in Prenuptial & Postnuptial Agreements

When you plan to get married, talking about what happens if things do not work out may feel uncomfortable. However, if you own a business or start a business with your spouse and then get divorced, a prenuptial agreement can have a huge impact on your financial future. 

Our Kane County family law attorney can help you understand prenups in 2026 to help you safeguard what you have worked hard to build.

What Does a Prenuptial Agreement Do?

A prenuptial agreement is a written contract that two people sign before they get married. The agreement explains how your businesses, finances, and property would be divided if you divorced.

When you create a prenup, you and your partner must fully share information about your finances. This helps both of you understand what you own and what you owe. According to the Illinois Uniform Premarital Agreement Act, both of you must also agree to the terms without being pressured. 

Next, you decide what happens to your assets if you divorce. You can choose which assets will be "marital property" – property that gets fairly divided in the event of a divorce – and which will be separate and stay with one spouse.

A prenuptial agreement can also address spousal maintenance (alimony), which is money one spouse pays to the other after divorce. The agreement can specify how much and how long the spouse will pay.

Illinois law allows you to change a prenup after you get married. Any changes must be signed by both partners to be valid.

What Can You Include in a Prenuptial Agreement?

A prenup can cover many financial assets and agreements. You can include rental properties or other high-value assets you own before marriage. You can also protect yourself from debts your spouse brings into the marriage.

Some people want a prenup because they have been married before and want to make sure their children from a previous relationship receive certain assets. Others want to protect a business, either one that they built themselves or one that has been passed down through generations.

How Can an Illinois Prenuptial Agreement Protect My Business?

If you own a business, a prenup can define which parts of your company are separate property instead of marital property. In Illinois, which requires an equitable distribution of assets under 750 ILCS 5/503, assets not covered in a prenup may be "fairly divided" by the court. Fair does not always mean equal. The court considers many factors when dividing property.

If you start a business before marriage, you should seriously consider addressing it in a prenuptial agreement. Whether you ultimately sign a prenup, you and your spouse should have careful conversations about your expectations for their involvement in your business. Will your spouse help you? Will they be compensated for this help? What happens if you need to take out a business loan – will your spouse share liability for paying it back? 

Answering these questions will help you write a prenup that considers both your spouse’s contributions to the business and your wishes for protecting it. Keep in mind, however, that prenups that are deemed grossly unfair can be unenforceable. If your prenup states your spouse will have no ownership of your business under any circumstances, and then your spouse spends the next 20 years helping your business become a multi-million dollar entity, cutting your spouse out of the business’s profit entirely might be grossly unfair. 

Should All Business Owners Consider a Prenuptial Agreement?

No one can tell you how you should feel about prenuptial agreements. It is true, however, that business owners face unique challenges during divorce, and the odds of separation are higher for business owners. According to Fortune, one in 20 businesses fail because of strain from divorce. Without a prenup, your business could be valued and divided as part of a divorce settlement. This process can be complicated, expensive, and upsetting if the court divides things up in ways you don’t want. A business valuation might be needed, and you could be forced to pay your former spouse for their share of the business.

A prenuptial agreement reduces these risks by clearly stating that your business is separate property. This means you are more likely to keep full ownership and control even if your marriage ends. If you do not have a prenup and are already involved in a divorce, you should talk to a lawyer as soon as possible. An attorney can help you understand your options for protecting your business during the divorce process.

Contact a St. Charles, IL Prenuptial Agreement Lawyer

Protecting your business and assets through a prenuptial agreement can be a very smart financial decision. If your marriage ends, it can save you significant stress and money. Tim Weiler is a Certified Financial Litigator and has experience helping litigate or settle very complex financial matters in divorce.

If you have questions about the prenup process or what you can do to protect your assets in the middle of an ongoing divorce, contact Weiler & Associates, P.C. at 630-331-9110. Our Kane County family law lawyer can guide you through the process and make sure you are protected.