06/12/2026
A closely-held business is one of the most complex assets an Illinois prenuptial agreement can address. Under 750 ILCS 5/503, a business formed before the marriage is treated as separate property, yet appreciation during the marriage, spouse contribution, and the way marital funds interact with the business can all create a marital claim by the time a divorce is filed.
An Illinois prenuptial agreement business owner document is the planning tool that resolves those questions in advance, before the stakes are personal. The drafting is where the protection is built or lost.
A clause that names the company as separate property and stops there leaves most of the substantive decisions untouched. A clause that anticipates appreciation, valuation methodology, governance, and control does the actual work of protecting the company.
This article walks through each drafting decision an Illinois business owner should address in a prenuptial agreement.
A closely-held business is one of the most complex assets an Illinois prenuptial agreement can address. Under 750 ILCS 5/503, a business formed before the marri