What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?
What Types of Assets Can Be Included in a Prenuptial Agreement in South Carolina?
A prenuptial agreement is a powerful tool for couples planning to marry in South Carolina. It clearly outlines how assets and debts will be managed during the marriage and divided if the marriage ends in divorce or upon the death of a spouse. Understanding which types of assets can be included in a prenuptial agreement can help couples protect their financial futures. At Lowcountry Legal Solutions, LLC, we assist Hilton Head Island couples in crafting comprehensive prenuptial agreements tailored to their specific needs.

Assets Commonly Included in South Carolina Prenuptial Agreements:
1. Real Estate Property
Prenuptial agreements typically address real estate, including homes, vacation properties, investment properties, and land owned by either party. Agreements clarify how property ownership, appreciation, or proceeds from sales are handled.
2. Financial Accounts
Bank accounts, brokerage accounts, stocks, bonds, mutual funds, retirement accounts (401(k), IRA), and pensions can all be included. Prenups can specify what happens to these accounts during the marriage and after a potential separation or divorce.
3. Business Interests
If one or both spouses own businesses or shares in a business, a prenup can outline whether these assets remain separate or become marital property, and how profits or losses are treated.
4. Personal Property
Prenups commonly list high-value personal items such as jewelry, artwork, antiques, collectibles, vehicles, boats, and other valuable assets. The agreement ensures these remain clearly separate or defines their division in case of separation.
5. Debt and Financial Obligations
Prenups are not only about assets; they also include debts. Couples can designate responsibility for debts acquired before marriage, such as student loans, credit cards, mortgages, and other financial obligations.
6. Future Income and Earnings
Couples may outline rights to future earnings or income streams, clarifying whether these funds remain separate property or become shared marital assets.
7. Spousal Support (Alimony)
In South Carolina, prenups can determine if either party will waive the right to spousal support or set specific terms regarding alimony payments, should the marriage end.
Assets Typically Not Covered:
Prenuptial agreements in South Carolina generally cannot predetermine issues related to child custody, child support, or visitation rights, as these matters are decided based on the child’s best interests at the time of separation.
Seek Professional Legal Guidance
Crafting a solid, enforceable prenuptial agreement requires experienced legal guidance. At Lowcountry Legal Solutions, LLC, we help Hilton Head Island couples clearly define and protect their financial interests with personalized prenuptial agreements. Contact us today to discuss your options and gain peace of mind before your wedding day.
