Getting married in Maryland? Along with all the wedding planning, there’s one important conversation many couples skip: whether to get a Maryland prenup agreement. It’s not glamorous, but it’s practical—and it can save both of you a lot of trouble later on.
Here’s what a prenup actually is, how it works in Maryland, and why it might be a smart move even if you’re not super wealthy.
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What Is a Prenup?
A prenuptial agreement, or prenup for short, is a legal document that two people sign before getting married. It lays out what happens with your money, property, and debts during the marriage and if it ends—whether through divorce or death.
It’s basically a way to set clear expectations up front.
People often think prenups are only for celebrities or millionaires. Not true. Anyone with property, savings, a business, or even just student loans might benefit from one. And in Maryland, where divorce laws can be complicated, having a prenup can make things a lot simpler.
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Why a Prenup Matters in Maryland
Maryland follows something called equitable distribution. That means if you divorce, the court tries to divide your shared assets “fairly.” But “fair” doesn’t always mean “equal”—and it definitely doesn’t always mean you’ll agree with the court’s decision.
A Maryland prenup lets you and your partner decide how things should go if the relationship ends. Without one, a judge could split things in ways neither of you want.
For example, say you bought a house before the marriage. Without a prenup, your partner could claim a share of its value later. Or maybe you own a business. Without a prenup, the value of that business could get dragged into a divorce settlement. A prenup helps avoid that kind of mess. learn more about prenups at investopedia
What Can a Prenup Cover?
A prenup can handle a lot of different things, as long as it’s legal and agreed upon by both parties. In Maryland, a typical prenuptial agreement might include:
- What property stays separate (things you owned before the marriage)
- What property becomes marital (things you buy or earn together)
- Who is responsible for certain debts
- What happens to savings, retirement funds, or real estate
- Whether either person pays spousal support (alimony)
- How joint accounts or shared expenses are handled
- Who keeps the business or investments
What you can’t include is anything about child custody or child support. Courts in Maryland decide those based on the child’s best interests at the time.
Do You Need a Lawyer?
Short answer? Yes.
A prenup lawyer will help you create an agreement that’s clear, legal, and fair. If the prenup isn’t done properly, a judge can throw it out. So it’s worth getting it right.
Both of you should have your own prenup attorney. That makes sure no one feels pressured and both of you understand exactly what you’re signing. It’s not about turning it into a fight—it’s just about keeping things fair.
Want a smooth, drama-free prenup process?
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When Should You Bring It Up?
Honestly? Sooner is better. Bringing up a prenup the week before your wedding is a bad idea. Not only is it stressful, but a rushed agreement might not hold up in court. Judges will question whether it was signed under pressure.
The best time to talk about it is early in your engagement. That gives you both time to think about it, ask questions, and talk to lawyers if you want.
Worried about how to bring it up? Just be honest. Try something like: “I want us to be prepared and protect each other no matter what happens. Can we talk about a prenup?”
Common Misunderstandings
Some people think signing a prenup in Maryland means you don’t trust each other. That’s not true. It just means you’re both willing to have an open, honest conversation about money and expectations.
Others think you only need a prenup if you have a lot of money. Also wrong. Even if you’re just starting out, a prenup can help set the tone for how you handle finances as a couple.
It’s not about planning for divorce. It’s about planning for the unknown.
What Happens If You Don’t Get One?
Without a prenup, Maryland’s laws decide how everything is divided. That includes your home, savings, retirement accounts, and even debt. And if things get ugly, it might involve court battles, legal fees, and months (or years) of stress.
A prenuptial agreement helps you avoid that. It puts you in control, not a judge.
Still unsure whether a prenup makes sense for you?
LEARN MORE ABOUT MARYLAND PRENUP OPTIONS
What If Your Situation Changes?
You’re not stuck with your first prenup forever. Life happens. Maybe you buy a house, have kids, or one of you gets a new job. If things change, you can update the prenup together as long as both of you agree.
This flexibility makes prenups useful even as life evolves.
Final Thoughts
Getting a Maryland prenup agreement isn’t about planning to fail. It’s about protecting your relationship from unnecessary stress. It creates a clear plan for how you’ll handle things—so you don’t have to figure it out during a crisis.
It doesn’t matter if you’re rich, broke, or somewhere in between. A prenup helps both of you stay on the same page. And that’s what a good marriage is all about—honesty, respect, and clear communication.