Prenuptial agreements are a useful tool in estate planning. While most people assume that prenuptial agreements are only used to protect assets in the event of divorce, they also play an important role in designing an estate plan that protects both partners’ assets.
Remarriage and Estate Planning
n a first marriage, the estate planning goals of each spouse are typically aligned: take care of the surviving spouse for as long as he or she lives, and then divide what’s left equally among the children. This also makes sense because most couples jointly own their assets, and estate taxes favor the surviving spouse.
But in a subsequent marriage, or when marrying later in life or after amassing significant wealth, the goals may not be so perfectly aligned.