Can a death-based prenup be enforced during a WI divorce? | Sterling Law Offices, S.C. Can a death-based prenup be enforced during a WI divorce? | Sterling Law Offices, S.C. global $post;
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– from Lori E. in Brown Deer, WI

Question Details:

Before my husband and I were married, we agreed to a prenuptial agreement waiving our spousal rights. We decided to divide our estate among our respective families. We waived the right of ownership of each other’s property and any property obtained during the course of our marriage. Everything would be given to our respective families equally. We never mentioned divorce. We are now getting divorced. I feel I am entitled to 50% of our marital property and maintenance. Will our prenup in regards to our death be used during our divorce?

Family Law Attorney Response:

Decisions like these are really at the sole discretion of the trial court. It will ultimately depend on how the court interprets your contract. It is possible that they will decide to use the prenuptial agreement as enforceable for a divorce resolution.

This was demonstrated in the case of Webb v. Webb 148 Wis. 2d 455, 434 N.W.2d 856 (Ct. App. 1988). This case saw a similar situation in regards to the antenuptial agreement. The court enforced the wording of the contract that waived their spousal rights under Wisconsin law. The wife appealed, and the court of appeals affirmed.

My advice is to contact experienced counsel to discuss your case in detail.

Lawyer Jeff Hughes from Sterling Law Offices, S.C. Jeff Hughes, J.D.
Managing Partner
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