Prenups, Postnups, And Wealth: What Every Affluent Couple in Washington Should Know

Money and marriage intersect in ways that shape families for decades. Clear agreements can lower the odds of ugly surprises. They can also protect businesses, heirs, and charitable goals.

Let’s discuss how sophisticated couples use prenuptial and postnuptial agreements, what the law requires, and the practical steps needed to keep these contracts enforceable in Washington state.

What are These Agreements?

A prenuptial agreement is a contract made before marriage. A postnuptial agreement is a similar contract signed after the wedding. Both types of agreements can set rules for property rights, debt allocation, and spousal support if you separate or divorce. They can also coordinate what happens at death, so your marital contract matches your estate plan.

Washington is a community property state. Assets and debts acquired during marriage generally belong equally to both spouses. That includes income, real estate, retirement accounts, and personal property. Significant exceptions are assets acquired before marriage, inheritances, or gifts to a single spouse.

There is no specific statute governing prenups or postnups in Washington. Courts rely on established case law and contract principles to decide enforceability. That means process and fairness are everything.

Why Affluent Couples Use Them

High net worth heightens the stakes. You may own a private company, carry concentrated stock, hold interests in funds with complex distribution waterfalls, or be a beneficiary or trustee of family trusts. You may have children from a prior relationship and philanthropic goals. A tailored agreement can protect premarital wealth, assign growth and income in a tax-aware way, and avoid forced sales of illiquid assets under pressure.

Child Support is Off Limits

No agreement can take away a court’s power to set child support. In Washington, support is intended to benefit the child, and parents have no power to contract it out.  

The takeaway is simple. Plan for property and spousal support, not child support.

International and Cross-Border Issues

International marriages add complexity. Choice-of-law and choice-of-forum provisions help by naming the law that governs your agreement. Enforceability can vary across borders. When either spouse could live or hold assets in more than one jurisdiction, coordinate family, trust, and tax counsel early.  

Business Ownership Issues

A poorly drafted agreement can destabilize a company at separation or death. Address who owns premarital equity, how appreciation is treated, how sweat equity is valued, and whether buy-sell provisions or insurance will fund any obligations. Clarify access to books and valuation methods. Align board and investor documents with your marital agreement so commitments don’t conflict.

Trusts and Inherited Wealth

Trust interests can be a flash point. Spell out whether distributions are separate property, how reinvested proceeds are treated, and who controls trust-owned assets both spouses use. Coordinate with trustees, especially when spendthrift clauses, distribution standards, or powers of appointment could clash with your agreement.

What Matters

Courts use a two-pronged test to determine the enforceability of prenups and postnups in Washington state.

First, procedural fairness. Did both parties sign voluntarily? Was there full disclosure of assets, debts, and income? Did each have the opportunity for independent counsel?

Second, substantive fairness. Were the terms fair at the time of signing? Did one party gain disproportionately?

Voluntariness is key. Courts may void the agreement if one party signed under pressure or too close to the wedding. Independent counsel is not always required. But if the terms are unfair, a lack of counsel can doom the agreement.          

Estate Planning and Surviving Spouse Rights

Washington’s community property regime affects wills and inheritance. If there is no estate plan, intestate succession rules apply. The surviving spouse keeps half the community property and a share of the separate estate. A prenup or postnup can control these outcomes, but only if drafted clearly and fairly.

Common Pitfalls

Do not try to waive child support. Do not hide assets or debts. Do not spring a final draft days before the wedding. Do not rely on generic forms that ignore your state’s rules or your complex balance sheet. Do not forget to update your agreement when facts change materially, like a liquidity event, the sale of a business, or a move to another state.

Final Thoughts

In Washington state, sophisticated marital agreements protect what matters most. They are about clarity, not mistrust. When wealth, complexity, or blended families are involved, an agreement ensures your values outlast any challenge. Bring in experienced counsel, plan methodically, and build for fairness. The result is resilience and peace of mind in both life and legacy.

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