Earlier quoted context omitted.
And if they were, I hope they were also smart enough to have prenups. This brings up a question: Is it even possible to make a prenup that covers future windfills? E.g., a prenup that protects your wealth in a company that hasn't yet been founded.
By definition, a prenuptial agreement only covers entering into the marriage. Future assets, especially in community property states, usually have to be specifically disclaimed by the other party in the marriage before they can be considered separate property. For example: A prenup can't specify that a house bought after marriage is separate property, but the non-owning spouse can voluntarily sign away rights to that…
OK, I'll bite. What if one of these situations:
1) What if the spouse was dead set against the start-up, and did everything possible to dissuade you, but you succeeded anyway.
2) What if you used your own money and assets from before the marriage to finance it? And what if those monies and assets were covered by the prenup; the company financed by those investments would or wouldn't be covered?
3) What if you founded the company when the marriage was in obvious decline and you both knew you'd eventually get divorced? What if you founded it when you were already separated?
4) Many companies with 2 founders don't have a 50:50 split. Why does the split with the spouse need to be 50:50 in the case of a company? Why shouldn't it be 60:40 or 90:10 assuming we accept the notion that the spouse must have been contributing something and is entitled.