What do prenuptial agreements have to do with my estate planning?

Prenuptial agreements, also known as prenups, premarital, or ante-nuptial agreements, are generally created to protect your assets in the event of a divorce. However, a prenuptial agreement also allows you to ensure your wishes are followed after your death. The premarital agreement does this by allowing you to designate “separate” property (rather than marital or joint property) and specifies the waiver of certain marital rights such as the spousal election - the right of the spouse to a share of the deceased spouse’s estate - that would otherwise be applicable if the prenuptial agreement was not in place.

If the thought of leaving your estate to your spouse makes you nervous then you’ve probably wondered: can you disinherit your spouse? The answer is generally, no – at least not entirely. Under Massachusetts law your spouse is entitled to inherit a portion of your estate (also known as the spousal elective share).