What’s one financial conversation that couples over 40 often avoid—yet need the most? It’s the prenup. And with more people marrying or remarrying later in life, the need to have that conversation is growing. Remarriage rates are rising, especially for people aged 55 and above. At this stage, most individuals already have established assets, long-term retirement accounts, and even children from previous relationships. That means more at stake—and more reason to get clear on what to include in a prenup.
At Daniel Ogbeide Law, we understand that preparing for the future means protecting what matters most—family, finances, and peace of mind. As one of the leading family law firms for prenuptial agreements in Houston, we help clients in their 40s, 50s, and beyond draft thoughtful prenups that reduce legal conflicts and preserve financial stability.
In this article, we’ll cover what to include in a prenup when marrying later in life, from retirement funds and prior children to inheritance planning and property ownership.
Why Later-in-Life Prenups Are Different
Marrying later in life typically means bringing more history—financial and personal—into the union. A prenuptial agreement in this context helps avoid future legal issues by clearly outlining expectations and protecting pre-existing obligations.
What to Include in a Prenup When You’re Getting Married Later in Life
Here are the most important elements that couples in midlife or later should discuss and include:
1. Retirement Accounts and Pension Plans
Clarify what portion of retirement savings will remain separate.
Decide how any new contributions made during the marriage will be handled.
2. Children from Previous Relationships
Ensure assets are preserved for children from earlier marriages.
Include clauses that outline how inheritance and financial responsibilities will be managed.
3. Inheritance and Estate Plans
Identify existing wills or trusts and how they interact with the marriage.
Protect family heirlooms or generational assets from being considered joint property.
4. Real Estate and Property Ownership
Document ownership of properties purchased before the marriage.
Define how shared real estate acquired after marriage will be treated if the relationship ends.
5. Debt Responsibility
Specify which debts are individual and which will be shared.
Prevent future legal entanglements from one partner’s prior financial obligations.
6. Spousal Support
Agree in advance on whether either partner will be entitled to spousal support in the event of divorce.
Especially relevant if one partner is significantly wealthier or plans to stop working.
Are You Protecting What You’ve Worked Your Whole Life For?
By the time we reach our 40s or 50s, we’ve worked hard for our assets, and many of us have responsibilities to both aging parents and grown children. A well-drafted prenup doesn’t signal mistrust—it signals planning. If you’re wondering what to include in a prenup at this stage in life, the answer is: everything that matters to your financial future and family.
At Daniel Ogbeide Law, we help couples make informed, fair, and legally sound decisions. Whether you’re seeking a prenup lawyer in Houston or looking for one of the best prenuptial agreement attorneys to protect your interests, we’re here to help. Our team brings deep experience in drafting prenuptial agreements in Houston, TX that reflect your unique circumstances with clarity and confidence.
Contact Daniel Ogbeide Law today to schedule a consultation and find out how we can help you prepare a prenup that supports your future without overlooking your past.