By Jeff J. Horn – Divorce Attorney
A New Jersey prenuptial agreement isn’t just for the rich and famous. In Ocean County and across the state, many couples use prenups to protect their finances and clarify expectations before marriage. But what exactly can go into a prenuptial agreement in New Jersey and what’s off-limits?
At Horn Law Group in Toms River, we help clients create customized prenuptial agreements that follow state law and hold up in court. Here’s what you should know about what a New Jersey prenuptial agreement can, and cannot, include.
What You Can Include in a New Jersey Prenuptial Agreement
New Jersey law allows prenuptial agreements to cover a wide range of financial topics, including property division, alimony, debt allocation, and more. The full list of permitted terms is outlined in N.J. Rev. Stat. § 37:2-34 (2024).
Here are the most common:
Property Division
You and your partner can decide how to handle assets in a divorce. This includes:
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Homes and rental properties
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Cars, jewelry, and personal belongings
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Bank accounts and investments
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Retirement accounts
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Business ownership or shares
Alimony or Spousal Support
Your prenup can address whether one spouse will receive alimony, how much, and for how long. This provides clarity and avoids future legal disputes.
Debt Responsibility
Prenups can assign responsibility for debt. You may decide who will pay:
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Credit card debt
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Student loans
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Mortgages
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Business obligations
Business Protection
If you or your spouse own a business, a prenuptial agreement can protect it from being divided during divorce.
Estate Planning and Inheritance
Your prenup can support your estate plan. It can also shield expected inheritances from becoming marital property.
What You Cannot Include in a New Jersey Prenuptial Agreement
While prenups offer flexibility, certain issues are off-limits:
Child Custody or Child Support
You cannot use a prenup to determine child custody or child support. These issues are decided by the court based on the child’s best interests.
Unfair or Unreasonable Terms
If a prenup is grossly unfair or signed under pressure, it may be invalid. Full financial disclosure and fairness are key to enforceability.
Lifestyle or Personal Clauses
Courts may not enforce clauses about chores, intimacy, weight, or other personal habits. Prenups are legal documents, not lifestyle contracts.
Talk to an Ocean County Prenuptial Agreement Lawyer
A New Jersey prenuptial agreement can protect your assets and simplify future disputes, but only if it’s legally sound. At Horn Law Group in Toms River, we help Ocean County couples create fair, enforceable prenups that reflect their goals and comply with New Jersey law.
Learn more about prenuptial agreements from the New Jersey Courts.
Contact us today to discuss your prenup and secure peace of mind before you say “I do.”
Thanks to Horn Law Group, LLC intern Dillon Uhrig
Photo by Romain Dancre on Unsplash