Generally a prenuptial agreement states that what each spouse brings to the marriage remains their separate property. While there is some question of the enforceability of these agreements in New Jersey, it is always a good idea for parties to contractually agree to work out the details in advance.
This becomes especially significant when one spouse becomes sick and needs long term care assistance. The assets of the other spouse become available to pay the medical expenses of the sick spouse regardless of the intent clearly expressed in the prenup agreement. Medicaid will just ignore the prenup and consider all of the joint property as available. Therefore, to avoid such problematic situations, it may be a good idea to include a provision in the prenup that states that each spouse is required to carry long-term care insurance. This way, the penalty period may be covered by this insurance and help alleviate some if not all of the financial burden in paying for such costs.
 Excerpt summarized from Representing the Elderly Client, by Thomas Begley and Jo-Anne Herina Jeffreys