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3 ways prenups can protect children’s inheritance rights

On Behalf of | Dec 14, 2023 | Estate Planning

Many people get married when they have children from previous relationships or marriages. A prenuptial agreement in Indiana can protect the inheritance rights of children from these prior marriages.

Prenuptial agreements can outline the distribution of assets, including property, financial holdings and personal belongings, among the surviving spouse and children from previous marriages.

1. Outlines separate and marital property

About one in five married couples has a prenuptial agreement. In Indiana, without this type of agreement, assets acquired during the marriage are generally marital property. They are subject to equitable distribution if a divorce occurs. However, a prenuptial agreement can clearly define what is separate and marital property. This offers protection for the inheritance rights of children from a previous marriage.

2. Avoids intestacy laws

Without a prenuptial agreement, intestacy laws come into play if one spouse passes away without a will. This can lead to a distribution of assets that may not align with the deceased individual’s wishes. It potentially leaves children from a previous marriage with a diminished inheritance.

3. Offers clarity in financial matters

Prenuptial agreements in Indiana provide a clear roadmap for financial matters, including the division of debts and spousal support. This clarity can especially help in situations involving children from previous marriages. It may prevent disputes and ensure the appropriate allocation of financial resources.

An Indiana prenuptial agreement helps protect the inheritance rights of children from previous marriages. Couples can offer financial security and peace of mind for themselves and their children in blended family situations.


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