How Prenuptial Agreements Affect Estate Plans in Missouri

When couples in Missouri think about prenuptial agreements, they often focus on what would happen in the event of divorce. But what many people don’t realize is that a prenuptial agreement (prenup) can also have a major impact on your estate plan.

At Finder Law, LLC, we can help clients understand how their prenuptial agreements interact with wills, trusts, and inheritance rights. Below, we explain why this connection is important and how to make sure your estate plan aligns with your prenup.

A prenuptial agreement is a legally binding contract signed before marriage. It allows spouses to decide how property, debts, and financial rights will be handled during the marriage and in the event of divorce or death.

In Missouri, a valid prenup must be:

• Signed voluntarily by both parties
• Based on full disclosure of assets and debts
• Fair and reasonable at the time of signing

While many people view prenups only as divorce planning tools, they can also control what happens when one spouse passes away.

1. Waiving Inheritance Rights

Missouri law gives a surviving spouse certain rights, such as the elective share (a portion of the estate, even if the will says otherwise). In many prenups, a spouse may waive these rights, meaning they cannot later claim a share of the estate beyond what is provided in the agreement.



2. Protecting Children from Previous Relationships

If you have children from a prior marriage, a prenup can help ensure that specific assets pass directly to them rather than to your new spouse. This can be especially important in blended families.

3. Clarifying Ownership of Property

A prenup can establish which assets are considered separate property and which are marital property. This directly impacts how property will be distributed in an estate plan.

4. Business Succession Planning

If one spouse owns a business, a prenup can protect that business from being divided or claimed, making succession planning more straightforward.

5. Reducing Litigation After Death

Disputes among heirs and surviving spouses are common. A carefully drafted prenup can reduce conflict by clearly defining expectations.

Even if you already have a will or trust in place, a conflicting prenuptial agreement can override your estate planning documents. For example, if your will leaves certain assets to your spouse but your prenup waives their inheritance rights, the prenup will likely control.

That’s why it’s essential to:

• Review your estate plan after signing a prenup
• Update your will or trust to reflect your agreement
• Consult with an estate planning attorney to ensure both documents work together
  

Life changes after marriage—whether through new assets, children, or changes in financial circumstances. Reviewing your prenup and estate plan together ensures that your wishes are honored and that your loved ones are protected.

If you have a prenuptial agreement, it’s critical to understand how it impacts your estate plan. At Finder Law, LLC, we help clients across Missouri draft, review, and update estate plans that work seamlessly with prenuptial agreements.

Call Finder Law, LLC today to schedule a consultation and make sure your estate plan truly reflects your wishes.