How Prenuptial Agreements Can Protect Your California Business and Investments

If you own a business, have valuable investments, or are on track to see your income grow substantially over time, you may want to think about protecting your assets with a prenuptial agreement. In 2026, we know that prenuptial agreements aren’t just for those with massive wealth, nor are they for those who don’t believe in your marriage. Prenuptial agreements are a practical planning tool often recommended by family lawyers in California.

Considering a prenup ahead of your wedding? Having the right family law attorney by your side can help you create an agreement that is fair and legally enforceable. At the Law Office of Taylor B. Warner, APLC, we believe in helping you start your marriage off on the right foot with a strong and fair agreement. Call our family law firm at 909-466-5575 to schedule a consultation with our team now.

What is a Prenuptial Agreement Under California Law?

A prenuptial agreement is a legal contract that a couple enters into before marrying. It specifies how certain financial matters will be handled during marriage and how financial matters will be settled if the couple divorces. For a prenuptial agreement to be legally enforceable, it has to meet certain requirements under California law. It must involve full financial disclosure from both parties, both parties must willingly agree to enter the contract, and the contract must be fair. Note that being fair doesn’t mean that assets have to be split equally; it simply means that both parties must be considered in the agreement. It cannot grossly favor one party over the other. Whether you are the one requesting a prenup or your partner is, working with a family law attorney ensures that your best interests are protected.

How Businesses Are Vulnerable Without a Prenup

Without a prenuptial agreement, you may find that your business is at risk should you divorce. Because California is a community property state, any value added to your business during the marriage may be considered community property—even if you had the business before you got married. A business may also be considered community property if marital funds are used to expand the business or the other spouse contributes to the business’s success. You may face forced buyouts or time-consuming disputes.

Using a Prenup to Protect an Existing Business

With the help of a family lawyer, your prenuptial agreement may protect your business by clearly identifying it as separate property. Your contract may specify how future appreciation will be treated, how marital contributions will be handled, and who has decision-making authority.

Protecting Future Businesses and Ventures

If you’re a serial entrepreneur or you see business ownership in your future, you may also use a prenuptial agreement to address future ventures. Your agreement may specify how businesses formed during the marriage are to be characterized, how profits or losses will be handled, and how ownership interests work. These agreements can be particularly useful if there’s intellectual property or high-value startups involved.

Investment Protection With a Prenuptial Agreement

Beyond your businesses, you may have investments that you expect to grow during the course of your marriage. A clearly written prenup can protect your investment accounts, real estate investments, stock options, deferred compensation, and passive investment income. Your prenup may help you avoid unintentional commingling of assets and tracing disputes that can draw out a divorce and make it considerably more expensive.

Spousal Support in a Prenuptial Agreement

It’s common to address spousal support in a California prenuptial agreement. Your prenup may outline how income and assets are treated for spousal support purposes. Note, though, that California isn’t as lenient as many other states when it comes to completely waiving spousal support. Trying to get one party to completely waive spousal support when doing so would be unconscionable may render your prenuptial agreement null and void.

Working with a family law firm in California can help you feel confident in a prenuptial agreement that is fair, agreed to by both parties, and legally enforceable should divorce occur. We can also help you avoid clauses and terms that prenups cannot address, such as child custody or support.

Discuss Your Next Steps With the Law Office of Taylor B. Warner, APLC

If you want to discuss your financial needs and what you want to protect with a prenuptial agreement, we can help. Give us a call at 909-466-5575 or send us a message online now.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.