The Truth About Prenups and Property Division
- Lisa McNally
- Aug 2, 2025
- 3 min read
Dividing property during a divorce is already complex—but when a prenuptial agreement is involved, it adds another layer of challenge and confusion. If you’re navigating a divorce with a prenup in place—or wondering if yours is enforceable—you’re not alone. At Optimal Divorce Solutions, I guide high-net-worth clients, including those going through gray divorce, through these issues with clarity and strategy.
As a Certified Divorce Coach, Certified Divorce Financial Analyst (CDFA®), Certified Divorce Mediator, and Certified Divorce Real Estate Expert (CDRE), I help clients understand what their prenup may (or may not) mean when it comes to dividing property, without stepping into the role of a lawyer. I don’t give legal advice—but I do help you ask the right questions, spot potential red flags, and make sound financial decisions throughout the divorce process.
What a Prenup Is (And What It Isn’t)
A prenuptial agreement—or "prenup"—is a legally binding contract signed before marriage that typically outlines how assets and debts will be handled in the event of a divorce. But not all prenups are ironclad.
Common Elements of Prenups:
Identification of separate vs. marital property
Instructions for dividing assets and debts
Provisions for alimony or spousal support
Clauses addressing real estate ownership
What Prenups Can’t Do:
Predetermine child custody or support
Violate public policy or state laws
Withstand scrutiny if signed under pressure or without full disclosure
How Prenups Affect Property Division in Divorce
A well-drafted prenup can simplify property division—but many couples discover that their prenup doesn’t hold up as expected.
Common Scenarios I See:
One spouse claims property is separate, but it was commingled during the marriage
The prenup excludes a home from division, but joint mortgage payments complicate the matter
A prenup omits business valuations, investment growth, or retirement accounts
As a CDFA®, I analyze these scenarios and help clients understand how the prenup terms interact with real-life financial history. I create detailed asset and debt inventories that align with your agreement—or highlight inconsistencies worth addressing with your legal team.
When Real Estate Is Involved: A Special Concern
Real estate—especially the marital home—is often the most emotionally and financially charged asset in a divorce. When there’s a prenup, the agreement might assign ownership to one party. But what happens when both contributed to the mortgage, taxes, or improvements?
As a CDRE, Licensed Real Estate Broker, and Luxury Property Specialist, I work closely with clients to:
Evaluate fair market value of the home
Assess contributions and equity splits
Determine if refinancing or sale is feasible
Strategize timing for a move or listing
Whether it’s a waterfront estate in Maine or a luxury home in New Hampshire, having a real estate expert with divorce-specific credentials on your team is critical.
What to Watch For in Your Prenup
If you’re preparing for divorce, here’s what I help clients analyze when reviewing a prenup:
1. Full Disclosure
Were both parties fully transparent about their financial situation at the time of signing?
2. Legal Representation
Did both spouses have independent legal counsel?
3. Timing of Execution
Was the prenup signed well in advance of the wedding—or under time pressure?
4. Fairness of Terms
Are the terms unconscionable? Do they heavily favor one party?
5. Life Changes Since Signing
Have there been major life or financial changes (e.g., children, illness, business growth) that make the prenup outdated?
I support clients in spotting these issues, gathering necessary documentation, and preparing financial summaries to support their position during mediation or settlement negotiations.
Preparing Financially for Divorce: A Step-by-Step Guide
Dividing Real Estate in Divorce: What You Need to Know
High-Net-Worth Divorce: Unique Considerations and Strategies
Key Takeaways
Prenups are legal contracts, but not all terms are enforceable in every state
Many prenups fail to account for real-world scenarios like asset growth or shared contributions
Real estate clauses in prenups can become contentious without proper documentation
I help clients understand the financial implications of their prenup, clarify the role of commingled assets, and work with professionals to ensure a fair outcome
If you're concerned about how your prenup could impact your financial future during divorce, I’m here to help. Let’s create a clear, confident plan for moving forward.
Schedule your private consultation today to discuss how we can protect your financial interests and create stability after divorce.
Lisa McNally
Certified Divorce Coach | Certified Divorce Mediator
Certified Divorce Financial Analyst (CDFA®) | Certified Divorce Real Estate Expert (CDRE)
Licensed Real Estate Broker (NH & ME)
Founder, Optimal Divorce Solutions
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