In the 1970s, the average Canadian got married in their mid-twenties. Today, the average age of first marriage is approaching 35. And millions of Canadians are marrying for the first or second time well into their forties, fifties, and beyond.
This demographic shift changes the prenup conversation entirely. When you marry at 25, you might share a rented apartment and some student debt. When you marry at 45, you might bring a house, a pension, a business, children from a previous relationship, and an inheritance you received ten years ago. The financial landscape is fundamentally different, and the need for a marriage contract is far greater.
You’re Bringing More to the Table
The most obvious difference is asset accumulation. By your forties, you’ve likely built significant net worth: a home (possibly paid off), retirement savings in RRSPs and TFSAs, a pension from your employer, investment accounts, and possibly equity in a business. Without a prenup, the growth in value of all of these assets during your new marriage would be subject to equalization under Ontario’s Family Law Act.
That’s a very different calculation than equalizing the value of a shared apartment and some wedding gifts. For someone marrying at 45 with $800,000 in assets, the financial stakes of marriage without a contract are enormous.
Children From Previous Relationships
Many Canadians marrying at 40+ have children from a prior relationship. This creates a direct financial tension between the new spouse’s interests and the existing children’s interests, particularly around inheritance and estate planning.
Without a prenup, a new marriage can inadvertently redirect assets away from your children. If you die without a will, your new spouse may receive a preferential share of your estate that was intended for your kids. Even with a will, your new spouse has the right under Ontario law to elect equalization instead of accepting what the will provides.
A marriage contract can address these tensions directly by specifying what each partner keeps as separate property, how estate rights are handled, and what protections exist for children from prior relationships.
Pension Complexity
Pensions become a much bigger factor in later-life marriages. A defined benefit pension accumulated over a 25-year career can be worth hundreds of thousands of dollars. Without a prenup, the portion of the pension earned during the marriage is subject to equalization.
For someone who has already accumulated most of their pension before the new marriage, the exposure may be limited. But for someone who continues to work and accumulate pension credits during the marriage, the growth can be significant. A prenup can specify how pension values are calculated and divided, preventing expensive actuarial disputes later.
Real Estate and the Matrimonial Home
If you already own a home and your new partner moves in, that property may become the matrimonial home under Ontario law. As a result, the full value of the home (not just the growth during the marriage) could be included in equalization, even though you owned it long before the relationship began.
This is one of the most common and most financially devastating surprises for older couples who marry without a prenup. A marriage contract can protect the pre-marriage value of the home and specify how it will be treated if the relationship ends.
Debt Protection
Marrying later also means your new partner may be bringing debt into the marriage: a mortgage, a line of credit, credit card balances, or obligations from a prior divorce. Without a prenup, you could find yourself indirectly affected by your partner’s financial baggage. A marriage contract can clearly delineate which debts belong to whom and prevent one partner’s liabilities from affecting the other’s financial security.
It’s Not Unromantic. It’s Responsible.
The prenup conversation can feel particularly sensitive when both partners are mature, established adults. But the reality is that marrying later in life, with more assets, more obligations, and more complexity, is exactly the scenario where a marriage contract is most valuable. It’s not about planning for failure. It’s about protecting what you’ve spent decades building. For more on reframing the prenup conversation, read Why Prenups Are the Ultimate Act of Financial Self-Care.
Protect what you’ve built. Start your marriage contract at I Do Prenup.
Frequently Asked Questions
Q: Is a prenup more important for older couples?
In many ways, yes. Older couples typically bring more assets, more complex finances, and often children from prior relationships. The financial stakes of marrying without a contract are significantly higher.
Q: Can a prenup protect my children from a previous marriage?
Yes. A marriage contract can specify how estate rights are handled, protect assets intended for your children, and coordinate with your will to ensure your intentions are honoured.
Q: What about my pension?
The growth in pension value during the marriage is subject to equalization in Ontario. A prenup can specify how pension values are calculated and whether pension growth is excluded.