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Michigan Family Law Blog

Can I Protect My Inheritance with a Prenuptial in Michigan?

Posted by Cameron Goulding | Jul 06, 2022 | 0 Comments

When preparing for a wedding one of the last things people want to think about is the reality of future finances and how to protect one's assets with a prenuptial agreement.  Despite this fact and the discomfort surrounding the less than romantic notion of discussing a prenuptial agreement with a future spouse, it is wise at the very least to meet with a family law attorney to understand the legal and financial ramifications of marriage because unfortunately many people have no idea what they are getting into when they get married.

When you sign the marriage certificate and get married, you are unknowingly entering into a contract with your spouse and the State of Michigan.  This contract includes rules that govern what will happen to your income, assets and debts if you get separated or divorced.  It even controls how your estate will be divided in the event of a death while married, in fact you can disinherit a child but you cannot disinherit a spouse under the rules of our State.  This is particularly important to understand if you have property or children from a preexisting relationship.  Meeting with an attorney before getting married will allow you to at least understand what it is you are getting into and how the marriage contract could effect you in the future.

Despite these rules, one has the ability to circumvent those rules and agree on their own rules for how to handle the future finances in the event of divorce, separation or death by the use of a prenuptial agreement.  It is now well-settled law that these contracts are valid and enforceable in Michigan.  You can protect yourself from alimony issues as well as protecting your property.  You can protect property that you owned before the marriage as well as property that you purchase during the marriage.  You can definitely protect any property that you have inherited before the marriage as well as any property that you might inherit during the marriage.  Without a properly drafted prenuptial agreement this property might very well be subject to equal division in a divorce regardless of whom actually inherited the property. 

If you are considering marriage it is imperative to meet with a well-versed family law attorney to discuss how a prenuptial agreement can allow you to be the master of your own financial ship rather than blindly submitting yourself to the rules imposed by the State of Michigan.  Please do not hesitate to contact my office and schedule a consultation about how prenuptials can protect you, your property and even any potential inheritance you might receive in the future.  

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...


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