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Prenuptial Agreements Among Doctors and Lawyers in Chicago

By Nottage and Ward on August 3, 2025

In Chicago’s professional circles, where physicians and attorneys often marry others with similar credentials, a prenuptial agreement isn’t just a financial tool. It’s a form of planning that reflects the complexity of modern careers and lifestyles.

Whether you’re entering a second marriage, launching a private practice, or earning significant income early in your career, a prenuptial agreement for professionals in Illinois offers tailored protection that’s increasingly important.

At Nottage and Ward, LLP, we’ve helped numerous clients who value financial autonomy, long-term career planning, and proactive solutions for safeguarding assets, and we can help you.

Why Professionals Need Prenuptial Agreements

Doctors and attorneys often enter marriage with more than just student loans. They may have:

• Growing private practices or partnerships
• Substantial incomes or future earning potential
• Stock options or deferred compensation
• Real estate, trust interests, or inherited assets
• Professional licenses with market value

While Illinois is an equitable distribution state, that doesn’t mean assets are always divided 50/50 in divorce. It means a judge decides what is “fair.” For high-income earners, this often leads to unpredictable and costly outcomes.

A prenup clearly defines property rights, asset classification, and expectations in the event of divorce or death. Essentially, it sets the foundation for transparency and fairness while minimizing litigation risk down the road.

Enforceability of Prenuptial Agreements in Illinois

Prenuptial agreements in Illinois are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10). This statute outlines the conditions under which a prenup is valid and enforceable:

1. Be in Writing and Signed – Verbal agreements are not enforceable.
2. Be Entered Into Voluntarily – There must be no coercion, pressure, or duress. Both parties should have adequate time to review the agreement before the wedding.
3. Include Full Financial Disclosure – Each party must provide an honest and complete account of assets, income, and liabilities. Failing to do so could render the prenup invalid.
4. Not Be Unconscionable – Courts may not enforce provisions that are grossly unfair at the time of enforcement—particularly if circumstances have changed drastically or one party was left in a position of financial hardship.
5. Not Limit Child Support or the Allocation of Parental Responsibilities (Formerly Called “Custody”) – Illinois courts do not allow prenuptial agreements to determine the allocation of parental responsibilities or child support. Those issues are evaluated at the time of divorce based on the child’s best interests.

Common Provisions in Prenuptial Agreements for Professionals

An effective prenuptial agreement for professionals in Illinois includes tailored language that reflects both partners’ careers and life goals. Some provisions are standard; others are unique to medical and legal professionals.

Classification of Assets

• Define what is separate property (owned before marriage or inherited individually) vs. marital property.
• Specify how future business interests, intellectual property, and practice equity will be classified.

Business Interests and Professional Practices

• In a doctor prenup scenario in Chicago, the agreement may protect ownership in a medical group or private practice.
• For attorneys, provisions may address shares in a law firm, client lists, or contingency fee receivables.

Spousal Maintenance (Alimony)

• Prenups can waive or limit future spousal support, provided the waiver is not unconscionable at the time of enforcement.
• For high-income earners, a prenup may include a tiered maintenance schedule that adjusts with the length of marriage or income changes.

Debt Allocation

• Particularly important for young professionals with significant student loans.
• Specify whether each spouse retains their educational or business debt individually.

Estate Rights

• Address how assets will be handled in the event of death, especially if either party has children from a previous marriage.

Special Considerations for Doctors

Physicians face unique risks when it comes to divorce. In addition to high earnings and valuable practices, malpractice exposure and long-term compensation arrangements complicate property division.

Key prenup provisions might include:

• Protection of future receivables (such as insurance reimbursements)
• Exclusion of enterprise goodwill in practice valuations
• Definition of what portion of any professional practice is marital vs. separate

A properly drafted prenup allows a physician to maintain ownership and operational control of their practice—even in the event of divorce—without unexpected buyouts or disruption.

Special Considerations for Lawyers

Attorneys, particularly those who are equity partners or sole proprietors, also need clear protections. For example, a lawyer’s interest in a firm may be subject to internal partnership agreements that limit ownership transfer or valuation in a divorce.

Important prenup clauses for attorneys may include:

• Identify whether partnership equity is separate or marital
• Address valuation methods for practice interests
• Coordinate with firm bylaws or operating agreements

At Nottage and Ward, LLP, we routinely advise lawyers and firm owners on how to draft prenups that protect their legal practices while complying with firm rules and professional obligations.

What Prenups Cannot Do in Illinois

Even the most carefully drafted prenup has limits. Illinois courts will not enforce:

• Provisions that determine parenting time
• Waivers of child support
• Agreements that are grossly unfair at the time of enforcement

When to Begin the Process

Timing matters. Courts are more likely to uphold enforceable prenups when they are:

• Drafted well in advance of the wedding
• Negotiated openly, with full disclosure
• Reviewed by independent legal counsel for both parties

Starting early shows that both parties entered the agreement willingly and with understanding, which are two essential elements for enforcement.

Chicago Professionals Trust Nottage and Ward, LLP

For Chicago professionals, working with a law firm that understands the intersection of high-income marriage, asset protection, and long-term planning is key. At Nottage and Ward, LLP, we don’t offer generic prenup templates.

Our legal team crafts individualized agreements that reflect the specific realities of your career and financial outlook. Our clients include:

• Physicians and surgeons with private practices
• Attorneys in solo practice or at large firms
• Accountants, engineers, and financial professionals
• Professionals entering second or later-in-life marriages
• Business owners and high-net-worth individuals

Our experience ensures your agreement is not only enforceable but strategic, giving you clarity, control, and peace of mind as you begin your marriage.

Speak With Our Experienced Chicago Prenuptial Agreement Lawyers

At Nottage and Ward, LLP, we help Chicago professionals create forward-thinking prenuptial agreements that protect what matters most. Call (312) 332-2915 to schedule your consultation today with our Chicago prenuptial agreement attorneys. Take control of your future—with the right legal partner by your side.