For many couples, the idea of signing a prenuptial agreement feels like a vote of no confidence in the marriage before it has even started. However, that perception has shifted considerably over the past decade, and more people are approaching prenups the way they approach other forms of financial planning.
If you are getting married and wondering whether a prenup makes sense for your situation, the answer depends on more than just how much money either of you has. What you own, what you owe, and what would happen to both if the marriage ended are all worth thinking through before the wedding.
Are More Couples Signing Prenups?
According to a 2023 Harris Poll cited in The New Yorker, twenty-one percent of Americans say they have signed a prenuptial agreement, up from just three percent in 2010. Part of what is driving this change is that people are marrying later in life.
As couples get older, they often accumulate more individual assets and debts before marrying. When both partners come into a marriage with careers, savings, student loans, or property of their own, a prenup can be a practical way to decide upfront what property is whose.
Prenups Are Not Just for Wealthy Couples
The assumption that prenups are only for the wealthy has not held up. Most people who sign one are not protecting a fortune. They are protecting what they have worked for, whether that is a savings account, a car, a small business, or an inheritance they hope to pass along someday.
Debt is just as common a concern as assets. If one partner has significant student loans or credit card balances, a prenup can make clear that the other spouse will not be left responsible for obligations they had no part in creating.
How a Prenuptial Agreement Can Protect Your Assets
Without a prenuptial agreement, state law dictates how property is divided in a divorce. Those default rules may not reflect what either spouse would have wanted. A prenup gives both partners a say in that outcome before the relationship is under any strain.
The agreement can define what each person owned before the marriage and establish how that property should be treated if the marriage ends. It can also address property acquired during the marriage, which matters more than most couples expect. Someone who owns a home, a retirement account, or a share in a business has a real interest in knowing how those things will be handled in the future. A prenup can answer those questions in advance, which can help couples avoid months of courtroom litigation.
Prenups for a Second Marriage
A second marriage almost always comes with a more complicated financial picture than the first. One or both spouses may have retirement savings built over decades, equity in a home, business interests, or children from a previous relationship.
A prenup can help ensure that assets intended for those children are not subject to division in a future divorce. It can also keep the finances of both spouses cleaner and more clearly defined when each person enters the marriage with their own history, obligations, and long-term plans. As a rule, the more complex the financial situation, the more useful a prenup tends to be.
Handling Spousal Support Through a Prenup
A prenuptial agreement can include terms about spousal support in the event of a divorce. Rather than leaving that question to a judge, both partners can agree in advance on whether alimony will be paid, for how long, and in what amount. That kind of advance planning can spare both parties from one of the most emotionally and financially draining parts of a divorce proceeding.
However, there are limits to alimony provisions in a prenuptial agreement. Courts are not likely to enforce an agreement that leaves one spouse destitute or that was clearly one-sided when it was signed. If you are unsure as to whether a judge will uphold an agreement, a family law attorney can review the document on your behalf.
Legal Requirements You Should Know Before Setting Up a Prenup
A prenuptial agreement has to meet certain standards to hold up in court. Both parties must sign it voluntarily, without pressure or coercion. Each person should have sufficient time to review it before the wedding, and courts have looked unfavorably on agreements presented days before the ceremony. Full financial disclosure is also required. If one party conceals assets or debts, a court may void the agreement entirely.
Both partners should have independent legal counsel when signing a prenup. Separate attorneys are not required in every state, but having them is one of the clearest ways to show that each person understood what they were agreeing to.
State law shapes prenuptial agreements more than most people realize. Many states have adopted some version of the Uniform Premarital Agreement Act, but several states follow their own rules entirely. A couple that moves across state lines after their wedding may find that an agreement drafted for one state does not hold up the same way in another.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
