What Are You Not Allowed To Include in an Illinois Prenup?

 Posted on April 25, 2025 in Prenuptial and Postnuptial Agreements

Prenuptial agreements, also known as premarital agreements, are a common way that couples define their financial wishes and rights should they ever face the divorce process. The stigma that prenups are pessimistic is unfounded. A prenup is simply a contract that offers clarity and peace of mind.

While there are many ways you can use a prenup to prepare for the future, it is important to understand the boundaries of Illinois law – most importantly what you can and cannot include in a prenuptial agreement. A DuPage County, IL prenuptial agreement attorney can help.

Why Is Child Custody and Support Not Allowed in a Prenuptial Agreement?

Illinois law prohibits the inclusion of child custody or child support in a prenuptial agreement. Child custody, including the decision-making authority and parenting time aspects of custody, requires careful assessment by the court, even when parents agree on all terms. Illinois statute 750 ILCS 10/1 explicitly states that child support cannot be adversely impacted by a prenuptial agreement.

When determining parental responsibilities and child support, the court’s priority is to ensure that the orders are in the best interests of the child. Naturally, these considerations cannot be predicted with certainty, and while parents may agree on how to allocate parental responsibilities, the court is the authority on issuing orders at the time of divorce or separation and makes decisions based on the unique circumstances of that time.

Can Alimony Be Pre-Determined in a Prenuptial Agreement?

Illinois law does allow you to waive alimony, also known as spousal support, in a prenuptial agreement. However, the court can invalidate the waiver if it is unreasonable at the time of the divorce. For example, if waiving alimony would leave one spouse financially devastated from the divorce, the court will likely intervene.

What Other Lesser-Known Elements Can You Not Include in a Prenup?

Parental responsibilities and spousal support are commonly questioned factors in meetings about prenuptial and postnuptial agreements. Consider some elements you cannot include in a prenup that you may not have known:

• Any clauses that violate the law, encourage violation of the law, or are unethical

• Clauses that restrict a spouse’s ability to seek public assistance when eligible, which is a legal right

• Partial disclosure of assets

Full asset disclosure is a stipulation that can impact a prenup’s legal validity. If either party enters the agreement without accurately representing their financial situation, the court could invalidate the agreement during the divorce process.

Speak With a Wheaton, IL Prenuptial Agreement Attorney Today

Having an experienced DuPage County, IL prenuptial agreement lawyer guide you through the process of establishing a prenuptial agreement is the best way to ensure you have a fair, enforceable contract. At Andrew Cores Family Law Group, we are careful to stay aware of any changes to the laws that apply to prenups and will work closely with you to ensure you understand your legal options. Call 630-871-1002 to schedule a free consultation with a knowledgeable attorney today.