When you’re planning a wedding, talking about money feels wrong. But couples who skip this conversation often regret it later. If you’re getting married in the Greenville area and wondering, Can a prenup protect future assets, the answer is yes. It works, but only if it’s written the right way.
At Turner Family Law, our Greenville family law lawyers draft prenuptial agreements built to survive court scrutiny, not just look impressive on paper.
Does a Prenup Protect Future Assets in South Carolina?
South Carolina law doesn’t limit what you can put in a prenup. Without a prenuptial agreement, anything you earn during marriage gets treated as marital property, meaning it can be split 50/50 in a divorce. A well-drafted prenup changes that, but only if it specifically names what stays separate.
Future assets” typically include:
- Salary, Bonuses & Compensation: Stock options, RSUs, bonuses, and deferred compensation earned after the wedding all get treated as marital property by default.
- Business Growth & Profits: Income and increases in value from practices, firms, or companies you owned before marriage. This includes sale proceeds and buy-out payments.
- Investment Returns: Gains and appreciation that pile up in accounts you held going into the marriage, even if you reinvest the earnings.
- Retirement Account Growth: All that compounding in 401(k)s, and IRAs continues to be marital property unless your prenup says otherwise.
- Inheritances & Family Assets: Money and property you receive from family during the marriage, plus any income those generate.
Without explicit language addressing these categories, a South Carolina court will likely classify them as marital property.
How to Write a Prenup That Actually Protects Your Future Assets
Vague language fails. Specific language works. Here’s what actually protects you:
Don’t Be Vague, Be Specific
Instead of saying “business interests remain separate,” write: “All income, bonuses, distributions, and growth in value from Dr. Smith’s orthopedic practice, established in 2018, will remain Dr. Smith’s separate property, including sale proceeds or buy-out payments.”
Instead of “investments stay protected,” say: “Interest, dividends, and appreciation on the Charles Schwab account ending in 5678, owned prior to marriage, remain separate even if transferred between accounts.”
Name Every Account & Asset Type
For equity compensation: “Stock options, RSUs, performance shares, or equity compensation granted to John Doe during the marriage by XYZ Technology constitute John’s separate property, together with all income and proceeds from those awards.”
For inheritances: “Any inheritance received by either party during the marriage, and any growth or income from that inheritance, remains that party’s separate property regardless of investment choices.”
This level of detail sounds tedious. That’s exactly the point. Tedium prevents disputes.
What South Carolina Courts Require for a Prenup to Be Enforceable
South Carolina courts use a three-part test to decide whether to enforce a prenup.
First: Did either person hide assets or feel pressured to sign? Each party must disclose everything honestly. If one spouse walked in believing the other had $200,000 while they actually held $2 million and never mentioned it, that agreement gets attacked. Full disclosure at the start protects you later.
Second: Was this signed willingly? Both parties need real time to review. Last-minute signings days before the ceremony signal duress to judges. Separate lawyers aren’t required, but they’re recommended. Courts are far more likely to enforce terms when both sides have independent counsel.
Third: Are the terms basically fair? Courts won’t discard a prenup just because it favors one spouse more heavily. But if there’s poor disclosure combined with extremely one-sided terms, judges scrutinize more carefully.
Why Prenups About Future Assets Sometimes Fail
Most failures trace to three preventable problems.
Ambiguous Language
Vague terms are the most common culprit. A statement like “All professional income stays separate” seems clear until a dispute arises. Does it include:
- Profits from selling a business?
- Non-compete payouts?
- Distributions that arrive after divorce?
Without precise language, judges must interpret your intent, which often works against the spouse trying to protect assets.
Behavior During Marriage
How you act after signing the prenup can undermine it. Examples include:
- Mixing “separate” funds into joint accounts repeatedly
- Retitling property in both spouses’ names
- Ignoring the agreement’s own rules
Courts look at conduct as well as written terms. If your actions contradict your prenup, it may signal you intend to change the agreement.
Major Unforeseen Circumstances
Unexpected life events can challenge prenup enforcement. While courts won’t invalidate an agreement simply because someone became wealthier than expected, they may scrutinize terms if enforcement would create severe financial hardship for one spouse due to truly unforeseeable circumstances.
Talk to a Greenville Prenuptial Agreement Lawyer Today
Don’t guess whether your prenup will hold up. Working with a South Carolina family law attorney ensures your agreement is clear and enforceable. If you’re getting married in Greenville or nearby counties and considering a prenup, talk to someone who can draft terms addressing your specific situation, your business, your investments, your inheritance expectations, and clarify whether a prenup can protect future earnings.
Done correctly, a prenup gives both partners clarity and protection. At Turner Family Law, we’ve helped engaged couples across South Carolina protect their futures. Contact us online today to speak with a Greenville prenuptial agreement attorney.
