If you own a business and you’re getting married, a prenuptial agreement deserves serious consideration. This is true whether your business is a small startup, a family operation you inherited, or a well-established company. No one likes to go into marriage imagining how the chips would fall if things were to go wrong. However, divorce can put a business at significant financial risk. Having some protections can give you peace of mind and security as you begin this new chapter.
A premarital agreement is one of the most reliable tools for protecting a business. If you’re weighing this decision in 2026, a Skokie prenuptial agreement attorney can help you understand the benefits of writing up a prenup.
What Happens to a Business Without a Prenup in an Illinois Divorce?
Illinois is an equitable distribution state. This means marital property is divided fairly but not necessarily equally. The courts make decisions about what is marital and non-marital property based on the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503). A business you owned before the marriage is generally considered non-marital property. However, many business owners find that the line between their personal and business finances blurs over time. In this case, some of the business may be marital property.