A legally binding contract, typically entered into before or during marriage, determines how assets and liabilities acquired during the marriage will be characterized. For example, such a contract might stipulate that specific inheritances remain separate property, even if received while married. This contrasts with the default rules of community property states, where such acquisitions are typically considered owned equally by both spouses.
Such contracts offer couples the ability to tailor property ownership to their specific circumstances, providing clarity and potentially simplifying financial matters, especially in cases of divorce or death. Historically, these agreements arose from the need to address evolving societal roles and expectations regarding marital finances, providing a mechanism for couples to exercise greater control over their economic partnership. This ability to define ownership can be particularly beneficial in second marriages or situations involving significant premarital assets.
