Second Marriages & Prenuptial Agreements: Protecting Yourself the Second Time Around

Dear Family Law community,

Starting over in love is both courageous and inspiring. Many people find themselves remarrying later in life, especially after what’s become known as their “gray divorce (divorce after 55+).” These second chances at love and marriage often bring joy, but they also come with more complicated financial and family dynamics. Whether you're bringing children, businesses, or significant assets into the relationship, a second marriage calls for intentional, informed legal planning.

As a family law attorney with over 20 years of experience, I’ve worked with many individuals in this stage of life. One key tool I recommend is a prenuptial agreement—not because you anticipate the end, but because you’re committed to protecting your future together with transparency and respect.

Why Second Marriages Are Financially Different

Unlike first marriages, second marriages often involve more complexity. You might have grown children, own a home, run a business, or manage significant marital assets. You may be paying or receiving alimony from a prior marriage. Blending two established lives can be beautiful, but it also brings risk if not managed properly.

A prenuptial agreement allows couples to clearly define how finances, property division, and responsibilities will be handled if the marriage ends either by divorce or death. This is especially important in states like Maryland and the District of Columbia, where legal nuances affect everything from spousal support to inheritance rights.

Common Reasons to Get a Prenup the Second Time Around

• Protecting Business Interests: A prenup can safeguard the future of your company and outline what happens to profits, shares, or debts.

• Preserving Family Wealth: You may want to ensure certain property stays with your biological children.

• Avoiding Unfair Outcomes: Without a prenup, local laws govern how property division and alimony are handled which might not align with your wishes.

• Clarifying Financial Roles: A prenup can spell out how daily expenses, savings, and retirement planning will be approached.

These agreements are not about mistrust they are about building a future with clarity.

Blended Families Need Boundaries

Many second marriages involve blended families. That means child custody arrangements, support obligations, and estate planning require careful navigation. A prenuptial agreement can address these dynamics head-on. It can give you the ability to add an extra layer of protection for children from a previous relationship, both financially and emotionally.

Prenups can also reduce the chance of future conflict between your new spouse and your children especially if there are concerns about caregiving responsibilities for aging parents.

My Experience as a Divorce Lawyer

I’ve seen firsthand how prenups serve as a roadmap that prevents confusion, court battles, and broken relationships. While no one likes to think about divorce, preparing for it ensures you don’t end up fighting in court over marital assets or spousal support. A prenup often makes divorce mediation faster and less emotionally draining, if it ever comes to that.

Couples who enter second marriages with openness and foresight are often more successful in maintaining harmony. It's not just legal insurance it’s a sign of maturity and love.

When Should You Draft a Prenup?

Timing matters. A prenuptial agreement should be completed well in advance of the wedding. This gives both parties time to review the terms with their own attorneys, without pressure. Rushing the process can lead to invalid agreements or bitter feelings.

Start the conversation early. Let it be part of your broader discussion about values, family, and future goals.

Whether you're protecting a pension, your children’s college fund, or the family lake house, a prenup is one of the smartest ways to honor your past while building your future.



If you’re planning to remarry, now is the time to plan for long-term stability. At The Law Office of Cherise L. Williams, I help individuals across the MD & DC area navigate second marriages with compassion and clarity. Contact us today to schedule a confidential consultation and explore how a prenuptial agreement can support your next chapter in life.