Do I Need a Prenup if We Don’t Have Many Assets?

 Posted on June 17, 2026 in Family Law

Getting a prenup is about much more than protecting wealth. Prenuptial agreements can be just as useful for couples who are starting out with very little. A prenup is really about setting clear expectations and protecting both people in the relationship, no matter what you own right now. It can also address future income, debt, and what happens if things do not work out.

If you are getting married and wondering whether a prenup makes sense for your situation, a DuPage County family lawyer can help you figure out whether one is right for you and what it should include.

What Is a Prenuptial Agreement?

A prenuptial agreement, also called a prenup, is a legal contract signed by two people before they get married. It spells out how assets, debts, and other financial matters will be handled during the marriage and if the marriage ends in divorce or death.

In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/. Under this law, a prenup has to be in writing, signed by both parties, and entered into voluntarily. It also cannot be unconscionable, meaning it cannot be so one-sided that it is fundamentally unfair to one person.

A prenup can cover a wide range of financial topics. What it cannot do is set terms for child custody or child support, because those decisions are always made based on what is best for the child at the time of divorce, not in advance.

Why Would a Couple With Few Assets Need a Prenup?

One of the most common misconceptions about prenups is that they are only for wealthy people with many assets. But a prenup can be valuable for anyone, regardless of their financial situation.

Some situations where a prenup makes sense even without many assets include:

• One or both partners have significant student loan debt or other personal debt they do not want the other to be responsible for.

• One partner expects to receive an inheritance in the future and wants to keep it separate.

• One partner plans to start a business and wants to protect the other from business liabilities.

• One partner will be giving up a career or education to support the family, and wants to make sure they are protected financially.

• The couple wants to avoid a long, expensive legal battle if they ever divorce.

A prenup gives both people clarity and peace of mind going into the marriage. That has value regardless of how much you currently own.

What Happens if You Do Not Have a Prenup?

If you get married without a prenup and later divorce, Illinois law determines how your assets and debts are divided. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, marital property is divided based on what is fair, which does not always mean equal. The court looks at factors like how long you were married, each person's contributions, and each person's financial situation at the time of the divorce.

Without a prenup, you have no control over how that process plays out. A prenup lets you and your partner make those decisions together, on your own terms, before emotions run high and lawyers get involved.

Is a Prenup a Sign That You Do Not Trust Your Partner?

A lot of people worry that bringing up a prenup will feel like a sign of distrust. It does not have to be that way. A prenup is really a financial planning tool, not a prediction that the marriage will fail. Talking openly about money, debt, and expectations before you get married is actually a healthy thing to do.

Many couples find that going through the process of creating a prenup strengthens their relationship because it forces them to have honest conversations about finances that they might otherwise avoid. Knowing where each person stands going into the marriage can prevent misunderstandings and conflict later on.

Can You Create a Prenup After You Are Already Married?

Once you are married, you can no longer sign a prenup. But you can sign a postnuptial agreement, which covers similar ground and is also recognized under Illinois law. An attorney can help you understand whether that option makes sense for your situation.

Schedule a Free Consultation With Our Wheaton, IL Prenuptial Agreement Attorney

Whether you have many assets or just a few, a prenup can give you and your partner clarity and protection as you enter your marriage. Make that decision with the right information and legal guidance. Our DuPage County family lawyer is here to help you understand your options, answer your questions honestly, and draft an agreement that is fair to both of you. Contact NN Legal Group at 630-474-0925 to get started today.

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