Do I Really Need a Prenup?

In an article for the New Jersey Law Journal, private client attorneys Lisa Presser and Elle Ottaviani examine recent court decisions that signal an evolving approach to how irrevocable trust assets are considered in divorce proceedings.

Presser and Ottaviani note that, as courts increasingly prioritize equitable outcomes over formal trust protections, premarital agreements can serve as a valuable asset protection tool.

“Under New Jersey law, a validly executed premarital agreement can provide a significant layer of protection for assets held in irrevocable trusts during divorce proceedings involving the division of marital property or determinations of spousal support,” the authors conclude.