When “Airtight” Prenups Aren’t: How Failing to Follow the Agreement Can Undo Its Protection
TLDR: When “Airtight” Prenups Aren’t
A prenuptial agreement is only as strong as the parties’ follow-through. Even a well-drafted prenup can lose its protective value if one spouse fails to carry out required obligations during the marriage—such as funding a joint account or setting aside agreed-upon assets. When key terms are not honored as written, a court may decline to enforce the prenup and instead apply New Jersey law to determine financial outcomes, including crafting new spousal support arrangements. The takeaway: don’t just sign a prenup—make sure you consistently comply with every ongoing requirement, and keep clear records showing you did.
For confidential legal guidance in your divorce matter: Request A Consultation Today.

