Protecting assets in divorce doesn't have to be confusing. Learn how prenups, postnuptial agreements, trusts, inheritance, and estate planning can help protect your financial future before or during marriage.
What happens to an inheritance in a divorce? Does putting assets into a trust automatically protect them? Is a prenuptial agreement only for wealthy couples? Can a postnuptial agreement protect your family if addiction, business ownership, or financial concerns become part of your marriage?
In this episode of Doing Divorce Different, Lesa Koski sits down with Minnesota estate planning attorney Melissa Miroslavich to answer the questions many people don't realize they should be asking until it's too late.
Together they discuss protecting assets in divorce, the differences between marital and non-marital property, when prenuptial agreements and postnuptial agreements make sense, how trusts actually work, and why estate planning should be part of every family's long-term plan.
Whether you're happily married, engaged, considering divorce, or simply planning for the future, this conversation will help you better understand your options and make informed decisions.
In this episode you'll learn:
• What a prenup really does (and doesn't do)
• When a postnuptial agreement may be appropriate
• How inheritance is treated during divorce
• The difference between marital and non-marital property
• Common misconceptions about trusts
• How addiction or financial struggles can affect long-term planning
• Why mediation allows families to create customized solutions
Every family is unique, and every situation deserves thoughtful planning. This episode is educational in nature and is not legal advice. If you have questions about your own circumstances, consult an experienced attorney in your state.
If this episode helped you, please subscribe, leave a review, and share it with someone who may benefit from understanding how to better protect their family and financial future.
Timestamps
(00:00) Welcome and introduction to protecting assets in marriage and divorce
(02:15) What every couple should know about prenuptial agreements
(08:30) Marital vs. non-marital property explained
(13:45) Can inheritance stay separate during divorce?
(20:05) Trusts explained: Revocable vs. irrevocable trusts
(29:40) Real-life divorce scenario involving inherited assets
(37:20) Addiction, financial protection, and postnuptial agreements
(48:15) Divorce, legal separation, or postnuptial agreement—which offers the most protection?
(56:10) Estate planning after divorce
(1:02:45) Beneficiary designations people often forget to update
(1:07:30) Final thoughts and practical planning tips
Key Takeaways
- A prenuptial agreement is more than planning for divorce—it creates clarity, transparency, and shared expectations before marriage.
- Simply placing assets into a trust does not automatically protect them during a divorce.
- Keeping inherited assets separate is essential if you want to preserve their non-marital character.
- Postnuptial agreements can help couples proactively address financial concerns, but they have unique legal requirements.
- Estate planning and beneficiary designations should always be reviewed after a divorce or major life change.
Guest Bio
Melissa Miroslavich is a Minnesota attorney focusing on estate planning, prenuptial agreements, postnuptial agreements, business succession planning, and asset protection strategies. She helps individuals, families, and business owners create thoughtful legal plans that protect what matters most while preparing for life's expected—and unexpected—transitions.
Resources Mentioned
Melissa Miroslavich Law
https://miroslavichlaw.com
Schedule a Divorce Clarity Session
https://www.lesakoski.com/offers/2HAtaGZ6/checkout
Divorce Comeback Community
https://www.skool.com/divorce-clarity-40-8663/about
Soberlink – A Trusted Tool for Accountability in Family Law Cases
https://www.soberlink.com/divorce/family-law?utm_source=affiliatelink&utm_medium=referral&utm_campaign=lesa-koski-affiliatelink
OsteoStrong Minnesota – Bone Health & Strength
https://osteostrongmn.com/affiliate-referral-koski/
Tags / Keywords
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