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

Money and marriage intersect in ways that shapefamilies 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 prenuptialand postnuptial agreements, what the law requires, and the practical stepsneeded to keep these contracts enforceable in Washington state.

What are these agreements?

A prenuptial agreement is a contract made beforemarriage. A postnuptial agreement is a similar contract signed after thewedding. Bothtypes of agreements can set rules for property rights,debt allocation, and spousal support if you separate or divorce. They can alsocoordinate what happens at death, so your marital contract matches your estateplan.

Washington is a communityproperty state. Assets and debts acquired duringmarriage generally belong equally to both spouses. That includes income, realestate, retirement accounts, and personal property. Significant exceptions areassets acquired before marriage, inheritances, or gifts to a single spouse.

There is no specific statute governing prenups orpostnups in Washington. Courts rely on established case law and contractprinciples to decide enforceability. That means processand fairness are everything.

Why affluent couples use them

High net worth heightens the stakes. You may own aprivate company, carry concentrated stock, hold interests in funds with complexdistribution waterfalls, or be a beneficiary or trustee of family trusts. Youmay have children from a prior relationship and philanthropic goals. A tailoredagreement can protect premarital wealth, assign growth and income in atax-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 childsupport. In Washington, support is intended to benefit the child, and parents have no power tocontract it out.  

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

International and cross-border issues

International marriages add complexity. Choice-of-lawand choice-of-forum provisions help by naming the law that governs youragreement. Enforceability can varyacross borders. When either spouse could live orhold assets in more than one jurisdiction, coordinate family, trust, and taxcounsel early.  

Business ownership issues

A poorly drafted agreement can destabilize a company atseparation or death. Address who owns premarital equity, how appreciation istreated, how sweat equity is valued, and whether buy-sell provisions orinsurance will fund any obligations. Clarify access to books and valuationmethods. Align board and investor documents with your marital agreement socommitments don’t conflict.

Trusts and inherited wealth

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

What matters

Courts use a two-prongedtest to determine the enforceability of prenups andpostnups in Washington state.

First, procedural fairness. Did both parties signvoluntarily? Was there full disclosure of assets, debts, and income? Did eachhave the opportunity for independent counsel?

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

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

Estate planning and surviving spouse rights

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

Common pitfalls

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

Final thoughts

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

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