Bellevue Prenuptial and Postnuptial Agreements Attorney

Bellevue prenup page

Prenuptial Agreements for Bellevue and the Eastside

Most prenuptial agreements are about houses, savings, and debt. On the Eastside, they are frequently about something harder: equity compensation. Restricted stock units, options with multi-year vesting schedules, founder shares, deferred bonuses — assets whose value on the wedding date is genuinely uncertain and whose value five years later may be transformative.

At Weintraub Law Office PLLC, we draft prenuptial and postnuptial agreements for couples throughout Bellevue, Kirkland, Redmond, Issaquah, and Mercer Island. Our lead attorney, Boaz Weintraub, co-authored the prenuptial agreements and child support chapters of the Washington State Bar Association’s Family Law Deskbook, a reference guide used by family law attorneys across the state.

On this page:

• Equity compensation in a Bellevue Prenuptial Agreement
• Disclosure when your assets are hard to value
• The basics, briefly
• Postnuptial agreements after a liquidity event
• Unmarried and living together
• Our approach
• What to expect, step by step
• What a Prenuptial or Postnuptial Agreement Costs
• Bellevue prenup questions

Equity Compensation in a Bellevue Prenuptial

Washington is a community property state. Absent an agreement, income and assets acquired during the marriage are generally community property, and property owned before the marriage is generally separate. Equity compensation such as RSUs and stock options sit awkwardly across that line, because the grant, the vesting, and the payout often happen at different times, sometimes on different sides of the wedding date.

Vested and Unvested Equity Are Treated Differently

Washington law distinguishes vested from unvested equity compensation. In In re Marriage of Short, 125 Wn.2d 865 (1995), the Washington Supreme Court held that unvested employee stock options require a fact-specific inquiry into whether the award compensates past, present, or future employment services. Washington courts have since applied that framework to other forms of unvested equity compensation, including restricted stock units.

A prenuptial agreement can settle these questions in advance, while both of you can look at the same grant documents and agree on what they mean. Left unaddressed, they can become expert-versus-expert disputes years later.

A carefully drafted prenup can establish agreed rules for existing holdings, future grants, appreciation, sale proceeds, taxes, tracing, and compensation for marital labor.

Disclosure When Your Assets Are Hard to Value

Washington courts apply a two-part test when evaluating a challenged prenuptial agreement. The court first considers whether the agreement made fair and reasonable provision for the spouse resisting enforcement. If not, the court examines whether the agreement was entered into fairly, including whether there was adequate financial disclosure and informed, voluntary consent. Marriage of Matson, 107 Wn.2d 479 (1986).

That disclosure requirement is where hard-to-value assets may create a specific problem. Simply identifying “shares in my employer” is unlikely to be sufficient disclosure for an asset of significant value. If the number is genuinely uncertain, the answer is not to omit it. If an asset may be difficult to value precisely, disclosure should provide the material information.

What to Disclose for Equity Compensation

For equity compensation, that may include:

• The type and number of shares, units, or options;
• Grant and plan documents;
• Vesting, performance, and forfeiture conditions;
• Exercise or purchase prices, offering periods, and expiration dates;
• Transfer or sale restrictions;
• The most recent available valuation information;
• The method used to estimate value; and
• Any significant limitations or uncertainty affecting that estimate.

Incomplete or vague disclosure can create an enforceability issue when the asset is material. Genuine valuation uncertainty should be identified and explained rather than concealed or presented as certainty.

Independent Counsel and Timing

Separate counsel is strongly recommended, especially when the proposed terms are unequal or the assets are complex. Washington does not treat independent representation as an absolute requirement in every case, but access to informed legal advice is an important safeguard.

Washington law does not establish a fixed minimum period between signing and the wedding. Timing nevertheless matters because it may bear on voluntariness and whether each party had sufficient time to review the agreement and obtain advice.

We recommend starting early, especially when business valuation or privately held equity is involved.

The Basics, Briefly

A Washington prenuptial agreement is a written contract between two people who plan to marry. It can address how assets, debts, income, spousal maintenance, and premarital property are characterized during the marriage and upon divorce, and how spousal maintenance is handled.

A prenup can also complement estate planning by addressing how property is characterized at death and whether inheritance rights are waived or preserved, but it does not substitute for a will, trust, beneficiary designation, or other estate planning document.

It cannot bind a Washington court to a predetermined parenting plan or waive a child’s right to support, and non-financial “lifestyle” clauses are generally unenforceable.

For a fuller explanation of what a prenup can and cannot do, including a side-by-side comparison of outcomes with and without an agreement, see our Seattle Prenuptial Agreements page.

Postnuptial Agreements After a Liquidity Event

A postnuptial agreement is signed after marriage and addresses many of the same financial subjects as a prenup. On the Eastside, the most common reason couples come to us for one is a change in circumstances that nobody planned around: a company was acquired, an IPO happened, or a private holding suddenly has a real price. An interest that was illiquid and hard to argue about at the wedding becomes, overnight, the largest asset either spouse owns.

Other common triggers are a substantial inheritance one spouse wants to keep separate, a business that grew far beyond expectations during the marriage, or a wedding that came together too quickly for a proper prenup.

The same Washington two-part test for prenuptial agreements described above applies to determine enforceability. If you are already married and the financial picture has changed materially, a postnuptial agreement is worth a conversation. Read more about Postnuptial Agreements in Washington State.

Unmarried and Living Together

Washington treats unmarried couples differently than most states. If a couple lives together in a long-term, marriage-like relationship, a Washington court may find a committed intimate relationship, formerly called a “meretricious relationship,” and equitably divide property that would have been community property had the couple married.

For couples who lived together before marriage, a prenuptial agreement can address property rights that may already have arisen during cohabitation as well as property rights during the marriage. Many standard prenup forms do not address the pre-marriage relationship; our agreements can if the parties agree on the terms.

Our Approach

Drafted With Enforceability in Mind

Substantive fairness cannot be guaranteed in advance. We focus on the procedural safeguards that often determine if an agreement is challenged, including thorough financial disclosure, sufficient time for informed review, voluntary execution, and a genuine opportunity for the other party to obtain independent legal advice.

Open Financial Conversations, Not Positional Bargaining

A prenup shouldn’t start a marriage with unnecessary conflict. We encourage our clients and their future spouses to discuss financial goals openly and work cooperatively to resolve disagreements about proposed terms. The parties can often reach agreement on the underlying financial concepts while each attorney remains responsible for providing independent legal advice to their own client.

Drafts That Arrive When You Need Them

Fast turnaround and prompt communication help the agreement move forward with enough time for thoughtful review well before the wedding date.

What to Expect, Step by Step

1. Complimentary consultation: We discuss your goals, timeline, and expected costs.
2. Fee agreement and payment: If you decide to retain our firm, we send you a fee agreement and request payment of the advance fee deposit.
3. Questionnaire and financial disclosure: After the fee agreement and advance fee deposit are received, we send you a questionnaire to gather the information needed to prepare your agreement.
4. Planning meeting: After the questionnaire is completed, we meet with you to review the proposed terms, discuss any questions or issues, and review initial draft provisions where appropriate.
5. Drafting: We prepare the completed initial draft within one to two weeks after the planning meeting, depending on the complexity of the agreement.
6. Client review and revision: We send the draft to you for review, make any necessary revisions, and obtain your approval before sending it to the other party’s attorney.
7. Independent review and negotiation: The other party’s attorney reviews the proposed agreement and may suggest revisions. We work through any remaining issues with you and opposing counsel.
8. Finalization and execution: Once the terms are agreed upon, we prepare the final agreement for signing.

Where a business or private equity interest needs to be valued, start earlier. Starting early allows both parties to exchange information, obtain independent advice, and negotiate without avoidable wedding-related pressure.

Bellevue Prenup Questions

My RSUs vest over four years and we marry next spring. What happens to the unvested shares?

That is exactly the question an agreement should answer. Unvested equity granted before marriage but vesting during it raises a characterization question Washington courts resolve based on the award documents and whether the award compensates past, present, or future services. Your agreement can settle it in advance rather than leaving it to a later dispute.

Can a prenup cover equity I haven’t been granted yet?

Yes. It can address how categories of future compensation will be treated — for example, how equity awarded during the marriage will be characterized even though the specific grants do not exist yet.

Do I have to disclose the value of stock in a private company?

Yes, you should disclose the amount, character, and value of your property. Where value is genuinely uncertain, disclose what is available and explain why the value is uncertain.

We both earn well. Do we still need an agreement?

An agreement will still be valuable depending on your goals. Similar incomes do not determine how premarital property, business interests, equity compensation, appreciation, debts, or sale proceeds will be treated. An agreement can establish clear rules.

Does a prenup protect a company I founded before the marriage?

Yes, it can address both the ownership interest and appreciation, distributions, and sale proceeds during the marriage. It can also address compensation or reimbursement when marital labor or community funds contribute to the business.

We lived together for six years before getting engaged. Does that matter?

It can. A Washington court may find a committed intimate relationship during that period and equitably divide property that would have been community property had you been married. A prenuptial agreement can address those pre-marriage property rights as well as the marriage itself.

Talk to a Bellevue Prenuptial or Postnuptial Agreements Attorney

Weintraub Law Office PLLC serves clients throughout Bellevue, Kirkland, Redmond, Issaquah, Mercer Island, and King County. We work with many clients remotely, and also meet by appointment at our Bellevue and Bothell offices.

Last updated: August 2026