If you die without a will, the estate is divided up according to state law. In Missouri, your spouse gets the first $20,000 of your assets, plus half the rest; the remainder goes to your children equally. In Illinois, the spouse gets half the estate, with the rest to the kids.

“If you die without a will, the state has one for you, in effect,” said Cynthia Fox, a family lawyer in Clayton.

So, people get a will backed up by a prenup in which both spouses agree on what happens if one dies. Fox thinks a prenup is good protection because the spouse agrees to it in advance. That makes it harder to challenge than a will.

Another tricky detail: You can name children as beneficiaries on a 401(k) or other retirement accounts, but a spouse can challenge that unless your honey agreed to it after the marriage. So, in the prenup, the spouse agrees that he or she will sign the retirement waivers after the marriage.

Even prenups can be challenged in divorce court. So, good lawyers are meticulous in preparing them.

Full disclosure is a requirement. Each spouse must come clean about their assets and debts. That Swiss bank account had better be on the disclosure sheet. Ditto with your big debt to the casino.