Addressing Future Inheritance in a Michigan Prenuptial Agreement

Last updated: May 2026

A Michigan prenuptial agreement can protect inheritances you haven’t received yet. While inherited assets are generally separate property under Michigan law, that protection can be lost through commingling. A prenup provides explicit, court-enforceable terms that keep future inheritances separate regardless of how funds are handled during the marriage.

You’re engaged, and you expect to inherit from a parent or grandparent someday. Or you have children from a prior relationship and want to ensure your future inheritance passes to them—not to a spouse in a divorce. These are practical concerns, and Michigan law provides a practical solution.

A prenuptial agreement lets you define what happens to assets before the marriage begins—including assets you don’t have yet. Here’s how it works under Michigan law and what you need to know to protect a future inheritance.

Can a Prenup Cover Assets You Haven’t Inherited Yet?

Yes. A well-drafted prenuptial agreement can specify that any inheritance received during the marriage—whether from a parent, grandparent, or other source—remains the sole property of the beneficiary spouse.

Many people assume prenups only address current assets—money already in accounts, property already owned. But a prenuptial agreement is a contract about future events: what happens if you divorce, what happens when one spouse dies. It can absolutely address property you expect to receive later.

Under Michigan law, inherited assets are already considered separate property by default. But that classification isn’t permanent—it can be lost through commingling (mixing inherited funds with marital money). A prenup provides stronger, more explicit protection.

A future inheritance clause typically states that any inheritance received by either spouse during the marriage remains that spouse’s separate property. This applies regardless of how the funds are handled—even if they’re deposited into a joint account, used for joint expenses, or invested alongside marital assets.

What Is Commingling and Why Does It Put Inheritances at Risk?

Commingling occurs when separate property is mixed with marital property—like depositing an inheritance into a joint account. Once commingled, inherited funds may be treated as marital property and subject to division in divorce.

This is the most common way people lose the separate-property protection that Michigan law provides for inheritances.

Examples of commingling:

• Depositing an inheritance check into a joint checking or savings account
• Using inherited funds to pay down a mortgage on a jointly-titled home
• Investing inherited money in a joint brokerage account
• Using inheritance to make improvements to marital property
• Titling inherited property jointly with your spouse

Even temporary commingling—depositing an inheritance into a joint account “just for a few days”—can create legal complications. Courts look at how you actually handled the money, not your intentions.

A prenuptial agreement addresses this risk directly. With a clear clause stating that inheritances remain separate property regardless of how they’re handled, you have explicit contractual protection that overrides the default commingling analysis.

What Rights Does a Surviving Spouse Have to Your Estate in Michigan?

Under Michigan’s Estates and Protected Individuals Code (EPIC), a surviving spouse can claim an “elective share” of your estate—even if your will leaves everything to your children. Spouses may also claim a homestead allowance and exempt property.

This is why prenuptial agreements are essential for anyone with children from a prior relationship or significant family assets they want to pass to specific heirs.

Without a prenup, your spouse has statutory rights that can override your estate plan:

• Elective share: Your spouse can elect to take a statutory share of your estate regardless of what your will says.
• Homestead allowance: Your spouse may claim an allowance from the estate for housing.
• Exempt property: Certain household items and personal property may pass to your spouse automatically.

These rights exist to protect surviving spouses from disinheritance. But for individuals who want their assets to pass to children or other beneficiaries, they create a problem.

The solution: Michigan law allows spouses to waive these rights. In a prenuptial agreement, both parties can agree to waive their claims to each other’s estates. This ensures your assets pass directly to your chosen heirs without legal challenges.

What Makes a Prenuptial Agreement Enforceable in Michigan?

Under MCL 557.28, a prenuptial agreement is enforceable if it’s in writing, signed voluntarily by both parties, based on full financial disclosure, and not unconscionable at the time of signing.

Michigan courts will enforce prenuptial agreements—but they scrutinize them carefully. To withstand a challenge, your agreement must meet these requirements:

• Written agreement: Oral promises about property division are unenforceable. The agreement must be a signed written contract.
• Voluntary execution: Both parties must sign freely, without fraud, duress, or coercion. Presenting an agreement the night before the wedding—or after invitations are sent—raises red flags.
• Full financial disclosure: Both parties must disclose all assets and debts. Hiding a bank account, investment, or expected inheritance can void the entire agreement.
• Not unconscionable: The terms cannot be grossly unfair at the time of signing. An agreement that leaves one spouse with nothing while the other retains millions may not survive judicial review.
• Opportunity for independent review: Each party should have the chance to consult their own attorney. If one party had no opportunity to review the document or get legal advice, a court may refuse to enforce it.

Timing matters. Agreements signed weeks or months before the wedding, with both parties represented by counsel, are far stronger than last-minute documents signed under pressure.

Can a Michigan Court Override a Prenup and Divide Separate Property?

Yes, in limited circumstances. Michigan courts retain equitable power to “invade” separate property if enforcing the agreement would leave one spouse in severe financial need or if a spouse contributed to the acquisition or growth of the separate assets.

A prenuptial agreement is powerful protection, but it’s not absolute. Michigan judges can divide separate property despite a prenup in specific situations:

• Severe financial need: If enforcing the agreement would leave one spouse unable to support themselves—potentially requiring public assistance—while the other has substantial assets, a court may intervene.
• Contribution to separate property: If one spouse contributed to the acquisition, improvement, or accumulation of the other’s separate property, a court may award them a share. Example: You inherited a rental property, but your spouse managed it, made repairs, and handled tenants for 15 years.

These exceptions don’t mean prenups are worthless—a well-drafted agreement remains your strongest protection. But an experienced attorney will draft with these statutory exceptions in mind, creating terms that minimize the risk of judicial override.

How Do You Keep an Inheritance Separate During Marriage?

Maintain inherited funds in individual accounts, keep clear records of deposits and transactions, avoid using inherited money for joint expenses or marital property, and document everything.

A prenuptial agreement provides legal protection, but how you handle assets during the marriage still matters. Courts look at your actual conduct—not just what the document says.

Practical steps to maintain separation:

• Open a separate account: Deposit inherited funds into an individual account titled in your name only—never a joint account.
• Keep records: Retain documentation showing the inheritance source, deposit date, and subsequent transactions.
• Don’t use inherited funds for joint expenses: Avoid paying the mortgage, household bills, or joint credit cards with inherited money.
• Keep titles separate: If you inherit real estate, don’t add your spouse to the title.
• Track investment growth separately: If you invest inherited funds, keep them in a separate account so growth remains traceable.

These habits reinforce your prenuptial agreement and make it easier to demonstrate the separate nature of your inheritance if ever challenged.

Compassionate Legal Guidance

Discussions about money and death are never easy. Our attorneys approach these conversations with the sensitivity they deserve. Our team focuses on creating agreements that strengthen trust rather than creating doubt.

Our legal professionals sit down with you to understand your specific goals. Whether you want to protect a family cottage or ensure your children are financially secure, our legal team will craft a strategy that suits your needs. We believe in providing high-quality service without the high-pressure tactics found elsewhere.

Secure your financial future today. Contact Bailey & Terranova, P.C. at 517-236-7187 or visit our office on Association Drive in Okemos. Let us help you build a foundation of security for your marriage.