INDUSTRY INSIGHT
FAMILY LAW
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As the spring of 2026 begins, many couples find themselves reflecting on their future. Engagement season peaks between late November and early February, so the start of a new year often brings fresh commitments, financial planning, and major life decisions. It’ s also one of the most practical times to consider putting clear legal protections in place.
For couples marrying— or already married— this makes it an ideal season to speak with a lawyer about drafting a prenuptial or postnuptial agreement that provides a clear snapshot of assets, debts, and future expectations.
A prenuptial agreement( signed before marriage) or a postnuptial agreement( signed after marriage) formalizes how finances will be handled if the marriage ends in divorce or death. Pennsylvania follows equitable distribution laws, meaning marital property is divided fairly— but not necessarily equally— if a divorce occurs. Without a written agreement, a judge ultimately decides how assets and debts are divided.
Pennsylvania courts will generally uphold prenuptial and postnuptial agreements if they meet certain legal requirements. These include:
• Full and fair disclosure of assets and liabilities.
• Voluntary execution by both parties.
• No fraud, misrepresentation, or coercion.
Working with an attorney ensures that the agreement complies with state law and is tailored to the couple’ s unique circumstances. Poorly drafted or“ do-it-yourself” agreements may be challenged later, especially if one party claims they did not fully understand the terms or lacked proper disclosure.
An experienced lawyer can also address issues specific to Pennsylvania, such as how marital versus non-marital property is defined, how business interests are treated, and how future inheritances may be protected. Protecting Business Owners and Professionals
This season is particularly important for business owners, physicians, attorneys, and entrepreneurs who are prepping their books for an accountant. If a business increases in value during a marriage, that appreciation could become subject to equitable distribution without an agreement in place.
A prenuptial agreement can:
• Protect premarital business interests.
• Define how future growth will be treated.
• Shield business partners from disruption.
For married couples who did not sign a prenup, a postnuptial agreement can provide similar protections moving forward— especially if one spouse recently started a company or received a significant promotion.
Why You Need A Prenuptial or Postnuptial Agreement This Spring
By: Brooke McMorrow, Esq.
www. mcmorrowlaw. com
Planning Around Bonuses, Inheritances, and Real Estate
Year-end bonuses and stock awards are common in many industries. Without a clear agreement, these assets may become marital property depending on when and how they are received.
Additionally, many families receive inheritances or financial gifts during the holiday season. While inheritances are typically considered separate property in Pennsylvania, commingling those funds with marital assets can blur the line. A properly drafted agreement clarifies how these assets will be treated and helps prevent costly disputes later.
Real estate transactions also tend to spike in the spring, meaning that now is the time to clarify how a future home purchase will be titled and financed. Reducing Conflict and Strengthening Communication
Contrary to popular belief, these agreements are not signs of distrust. In fact, they often strengthen relationships by encouraging honest conversations about finances, expectations, and long-term goals.
Addressing financial transparency at this time aligns with broader 2026 resolutions around budgeting, saving, and long-term planning. Couples who proactively address potential future disputes often avoid significant stress later. Avoiding Last-Minute Pressure
For engaged couples planning spring or summer weddings, now is the right time to act. Courts may scrutinize agreements signed too close to a wedding date if one party argues that they felt pressured. Drafting a prenuptial agreement months in advance demonstrates voluntary consent and reduces the risk of future challenges.
Similarly, married couples experiencing major life transitions— such as a career change,
relocation, or birth of a child— benefit from addressing financial arrangements sooner rather than later. A Proactive Legal Step for 2026
Ultimately, these agreements are planning tools. Just as individuals update estate plans and review insurance coverage at year’ s end, marital agreements deserve attention during this season of reflection and organization.
Consulting with a lawyer ensures that your agreement is legally sound, customized to your financial reality, and positioned to withstand court scrutiny if ever needed. Taking this step now provides clarity, protection, and peace of mind for the future you are building together.
This Industry Insight was written by Brooke B. McMorrow. Attorney McMorrow is the founding member and Managing Attorney of McMorrow Law, LLC located in Wexford, Pennsylvania. She is licensed to practice in Pennsylvania and New York. To schedule an initial consultation, call 724-940-0100 or visit the website at www. mcmorrowlaw. com.
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