Specialized evidence guide
Digital assets in prenup disclosure and property clauses
An evidence guide for cryptocurrency, online accounts, domains, intellectual property, private keys, and digital businesses.
Manual analysis is separated from the representative source records and topic matrices below.Manual editorial field guide
Digital assets should be described by rights and evidence, not by buzzwords. Ownership, control, custody, access, value, income, tax basis, transfer restrictions, and security can differ across cryptocurrency, domains, online businesses, intellectual property, platform accounts, and tokenized interests.
385 manually authored words · evidence tables continue belowInventory the legal and technical asset
Record the asset type, network or platform, account or wallet identifier where safe, custodian, ownership entity, access method, acquisition date, tax basis, value date, and related liabilities. Never place seed phrases, private keys, passwords, or recovery codes in a shared prenup schedule or analysis upload.
A wallet balance may include assets held for a company or other people. An online account may be licensed and nontransferable. A domain can sit inside an entity. Classify the underlying right before assigning a property label.
Create verifiable but safe disclosure
Use redacted statements, exchange records, transaction histories, signed messages where professionally appropriate, tax records, cap tables, and valuation snapshots. Preserve proof of delivery and explain price sources and time zones. Volatile assets need a clearly stated as-of time rather than a timeless dollar figure.
Security and disclosure pull in opposite directions. The record should establish existence and scale without creating an access blueprint. Use controlled storage and least-privilege sharing.
Draft around forks, rewards, and substitutions
Identify how the agreement treats staking rewards, airdrops, forks, mining income, appreciation, sale proceeds, replacement tokens, and assets moved through mixers, bridges, or custodians. This is clause-mapping work; it does not assume that every technical event has the same legal or tax character.
For digital businesses and intellectual property, separate ownership of code, trademarks, royalties, platform accounts, customer data, and company equity. Employment and entity agreements may control transferability.
Plan for access without exposing secrets
Estate and incapacity planning may require a secure inventory, fiduciary instructions, multisignature arrangements, or institutional contacts outside the prenup. Record that a plan exists and who controls it without publishing credentials. Revisit the inventory after migrations, exchange failures, protocol changes, business reorganizations, and major acquisitions.
Editorial provenance
Authorities behind this research path.
These are representative records for the article’s topics. They support the research questions; they do not turn the editorial discussion into a state-specific legal opinion.
- Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · Ordinary contract interpretation applies, but a court may not add a benefit, fund, or promise the parties did not make merely to repair a one-sided agreement.
- Compton v. Compton, 902 P.2d 805 (Alaska 1995) · A valid prenup is persuasive but not conclusive evidence of intent to keep property separate; a court may examine the parties' treatment of particular assets and find transmutation while the agreement remains valid.
- Alaska Stat. § 13.12.213 · A surviving spouse may waive elective-share, homestead, exempt-property, and family-allowance rights before or after marriage in a signed writing; the statute preserves voluntariness and execution-time unconscionability plus disclosure, written-waiver, and knowledge safeguards.
- Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991) · Goodwin construes section 43-8-72 and confirms that the scope of a surviving spouse's waiver depends on the agreement's language, including whether an all-rights clause reaches statutory benefits and pre-waiver testamentary benefits.
- Ark. Code Ann. § 9-11-401; 1987 Ark. Acts 715, § 1 · A premarital agreement is a written agreement between prospective spouses made in contemplation of marriage; property includes broad present, future, income, and earnings interests.
- C.R.S. § 14-2-302 · Colorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.
- Arlotta v. Arlotta, A24A0961 (Ga. Ct. App. Oct. 30, 2024) · Arlotta described the Scherer criteria as the governing enforceability framework and reversed a ruling that invalidated property and alimony limits merely because they differed from statutory default remedies.
- O.C.G.A. § 19-3-66 · Georgia provides for equitable enforcement of an antenuptial agreement at the instance of the marriage parties and, after death, specified offspring or heirs under the referenced probate and equity provisions.
- Haw. Rev. Stat. § 572D-1 · Hawaii defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
- Idaho Code § 32-921 · Idaho defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
- Ind. Code §§ 31-11-3-2 to -3 · Indiana defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
- K.S.A. § 23-2402 · Kansas defines a premarital agreement as one between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
- In re Marriage of Nelson, 58 Kan. App. 2d 920, 475 P.3d 1284 (2020) · Nelson applies whole-document construction to an unambiguous premarital agreement and held that unambiguous joint-tenancy deeds controlled without parol evidence used to impeach their written terms.
- Chenault v. Chenault, 799 S.W.2d 575 (Ky. 1990) · Kentucky construes the actual trigger and operative language; Chenault treated its agreement as directed to death rather than divorce, so labels and general recitals cannot replace close textual analysis.
- Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. § 403.190(2)(d) · Parties may define rights in property they own at marriage or later acquire, and Gentry enforced the exact ownership allocation including jointly titled property rather than substituting a generic separate-property result.
- Lawson v. Loid, 896 S.W.2d 1 (Ky. 1995) · Kentucky has long recognized premarital agreements intended to operate at death, but the scope of any dower, elective, or estate-right release and the disclosure record must be proved.
- Crow v. Crow, 56,445-CA (La. App. 2 Cir. Nov. 19, 2025) · Crow affirmed enforcement after finding insufficient proof of error and explained that joint tax filing or acquiring property during marriage did not automatically convert the agreed separate-property regime.
- La. Civ. Code art. 2332 · A matrimonial agreement affects third persons as to immovables when filed in the conveyance records where the property is situated and as to movables when filed where the spouses are domiciled.
- DeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E.2d 797 (2002) · An enforceable agreement remains a contract whose language, definitions, schedules, triggers, and integrated obligations must be construed.
- Matter of the Estate of Stacy, 96 Mass. App. Ct. 447, 136 N.E.3d 486 (2019) · Stacy enforced plain premarital language waiving claims to identified separate property at death and excluded it from the surviving spouse's intestate-share calculation.
- Mass. Gen. Laws ch. 209, § 26 · A clearly descriptive property schedule must be annexed, and the contract and schedule recorded before marriage or within ninety days afterward in the specified registry and where affected land lies.
- Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Herget v. Herget, 319 Md. 466, 573 A.2d 798 (1990) · Antenuptial agreements are contracts interpreted under Maryland's objective law of contract interpretation, with attention to the executed language, consideration, and objective intent.
- Md. Code, Fam. Law § 8-201(c)–(e) · Current definitions exclude property from family-home, family-use, or marital-property treatment when a valid agreement applies, subject to the exact subsection and asset.
- Md. Code, Est. & Trusts § 3-205 · A surviving spouse's election rights may be waived before or after marriage by a written contract, agreement, or waiver signed by the waiving party, with statutory consequences for broad all-rights language.
50-state follow-through
Open the underlying issue matrices.
Specialized facts often cross several ordinary legal topics. Compare each one separately instead of expecting a single clause label to answer everything.
Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.