Should You Get a Prenup? What It Is, How It Works, and What to Include

Planning a wedding can be exciting, but couples should also prepare for their financial future. Prenuptial agreements are contracts that primarily outline how couples will divide their money, property, and debt in the event of divorce.

Here's an overview of how prenuptial agreements work and their limitations, so you can decide whether you need one before you walk down the aisle.

What Is a Prenup?

A prenuptial agreement is a legally binding contract that some couples sign before marriage, allowing them to opt out of the default marital property laws that govern how property and debt are divided if the couple ends up divorcing. Prenups can also address issues like whether either spouse will receive spousal support and how joint accounts will be managed during the marriage.

In the simplest terms, a prenup allows couples to decide in advance who keeps what if the relationship ends.

What Are the Elements of a Valid Prenup?

Prenuptial agreements are recognized and valid in all states, but the specific rules for creating an enforceable prenup vary depending on where you live. Still, every valid prenup must meet the following basic standards:

• Written and signed: A prenup must be in writing and signed by both partners. Verbal prenups aren't enforceable. Some states also have witness and notarization requirements.
• Based on full financial disclosure: Both partners must provide complete and honest information about their finances. This is typically done through a "financial disclosure statement" that gets attached to the prenuptial agreement listing details such as each partner's income, account balances, assets, and outstanding debt.
• Voluntary: Both partners must agree to the terms of the prenup voluntarily without pressure, threats, or coercion. Judges look at many factors to determine whether someone was coerced into signing a prenup, including the timing of when it was presented and signed, the power dynamics between the partners, and whether each partner had an opportunity to consult with independent legal counsel.
• Reasonable terms: The terms of the prenup can't be so excessively one-sided that it's unconscionable (extremely unfair).
• Independent legal counsel recommended: You aren't required to hire a lawyer to create an enforceable prenup, but independent legal representation (each partner having their own lawyer) makes the agreement more likely to hold up in court.

Do You Need a Prenup?

Prenups aren't just for celebrities or the wealthy—everyday couples also use them to protect their interests and avoid future conflict. Here are some of the goals a prenup can help you achieve.

You Want Control Over How Your Property Is Divided

State law determines how property is divided in a divorce. Most states have equitable distribution rules that require judges to divide marital property fairly but not necessarily equally. Nine states, known as "community property states," generally split marital property equally (50/50) in divorce, subject to some state-specific exceptions.

A prenuptial agreement allows you to override state divorce laws and create your own rules for dividing property. You and your spouse decide what stays separate, what becomes shared, and how everything gets divided if you split up.

You Don't Want to Pay for Your Partner's Debts

A prenup can specify who is responsible for paying debts acquired both before and during the marriage. Most agreements say that each partner is solely responsible for the debts they bring into the marriage, like car loans, student loans, and credit card balances. The prenup should also address how debts acquired during the marriage will be handled, such as mortgages, joint credit cards, and business loans.

You Want to Protect Children From a Prior Relationship

Blended families often use prenups to ensure children from prior marriages receive specific assets. A prenup, in conjunction with other estate planning tools like wills and trusts, can say which property is meant to go to the children, such as a house, investment account, or family business. Otherwise, default state law might allow a surviving spouse to claim a large share of your estate, reducing what passes to your children.

Learn more about prenuptial agreements and inheritance rights.

You Want to Set Limits on Spousal Support

Spousal support (also called "alimony") provides financial assistance to a lower-earning spouse during and after the divorce process. Because judges have broad discretion over spousal support decisions, many couples prefer to address support in their prenup. You can establish how long spousal support payments will last, limit payment amounts, or even waive support entirely—though courts generally won't enforce waivers that leave one spouse living impoverished.

Some states impose strict requirements for spousal support waivers. California, for example, requires anyone waiving spousal support to have their own attorney. (Cal. Fam. Code § 1612(c) (2025).) To be valid in New York, a spousal support waiver must include a concrete spousal support calculation based on the state's statutory maintenance formula, so that the waiving spouse understands exactly what they are giving up. (J.M. v. G.V., 225 N.Y.S.3d 859 (N.Y. Sup. Ct. 2025).)

What Are the Consequences of Not Having a Prenup?

A marriage is a legal contract, and that contract automatically grants certain property rights to each spouse. Typically, these include:

• shared ownership of most property acquired during marriage
• joint responsibility for debts either spouse takes on during marriage, and
• equal rights to manage, sell, or give away marital property.

If you want to opt out of your state's default marital property laws, you should consider a prenup. A valid prenup can override these laws, allowing you and your spouse to decide for yourselves how you want to define and share your property.

What Can and Can't Go in Prenuptial Agreements

Prenups give couples a lot of control over their finances, but there are limits to what these agreements can cover. A prenup should focus on financial and property issues and avoid issues like child custody, child support, and attempts to regulate personal behavior or day-to-day aspects of married life.

What You Can Include in a Prenup

Prenuptial agreements can typically cover:

• which property will remain separate, and which will belong to both spouses
• who pays which debts
• whether one spouse will pay spousal support after divorce
• who keeps inheritances and gifts received during the marriage
• how joint accounts and shared property will be managed
• who can sell or give away property during the marriage
• who inherits what when one spouse dies (along with wills and trusts)
• ownership of businesses and professional practices, and
• tax responsibilities.

What Can't Go in a Prenup

Courts generally will not enforce:

• prenup terms that include child custody arrangements
• pre-determined child support amounts or child-support waivers
• extremely one-sided or unfair terms, and
• most "lifestyle clauses" that try to control personal behavior, such as weight limits, intimacy quotas, or rules about household chores.

Do You Need a Prenuptial Agreement Lawyer?

You don't always need a lawyer to create a valid prenup, but legal experts strongly recommend that both partners have their own lawyers review the contract before signing it.

A family law attorney who handles prenups can:​

• explain your state's specific prenup requirements
• ensure that you and your partner comply with financial disclosure requirements
• draft a clear, legally enforceable contract that reflects your intentions
• negotiate fair terms, and
• spot issues that could make the agreement unenforceable.

If your prenup includes a waiver or limitation on spousal support, a lawyer is critical—California specifically requires independent legal representation for alimony waivers.

How Much Does a Prenup Cost?

According to The Knot, you can expect to pay anywhere from $1,000 to $10,000 per partner for a prenuptial agreement.

Some of the factors affecting the cost of a prenup include:

• your lawyer's hourly rate (varies by location and experience)
• how complicated your finances are
• existing debts you need to address
• whether you or your partner owns a business
• whether you or your partner has existing spousal support or child support obligations from prior marriages
• how much negotiation is needed between you and your partner, and
• if you are asking for a quick turnaround.

When both partners retain separate counsel, the drafting attorney typically charges more than the reviewing attorney.

Can You DIY a Prenup?

You can write your own prenuptial agreement, but you'll have to carefully follow the legal requirements in your state to make sure it holds up in court.

If writing a prenup from scratch sounds daunting, you can use an online platform, such as HelloPrenup or Trusted Prenup. These services guide you through state-specific questionnaires, gather your financial information, and then generate customized agreements. The cost of online platforms varies, but it's typically in the $599 to $2,000 range.

Some couples use an online platform to generate a prenup and then hire lawyers to review and revise the terms if necessary. This hybrid approach can keep costs down while still giving you the benefit of personalized legal advice.

How Long Does it Take to Get a Prenuptial Agreement?

Prenups can take several weeks or several months to draft and negotiate. Don't rush the process—courts are more likely to enforce agreements when both people have enough time to review the terms, talk to lawyers, and think through what it all means.

Some states have specific timing requirements. California, for example, requires couples to wait seven days between finalizing the prenup and signing it. The waiting period ensures both partners have time to review the agreement and get legal advice. (Cal. Family Code § 1615 (2025).)

If your prenup involves minimal assets and you and your partner are in full agreement on the terms, your prenup might be wrapped up in a few weeks. If your situation is more complex, involving business valuations, real estate portfolios, or contentious negotiations, it will likely take much longer.

Start the process early in your engagement to avoid time pressure. Agreements signed under time pressure, particularly just before the ceremony, might be challenged down the road as having been coerced.

How to Start the Prenup Conversation With Your Partner

Prenuptial agreements are increasingly mainstream. According to a 2022 Harris Poll survey, 15% of American couples have signed a prenup (up from 3% in 2010). But that doesn't necessarily make initiating the prenup talk any easier.

Many people still believe prenups are unromantic or show a lack of trust, but that's a myth. In reality, negotiating a prenup can strengthen your relationship by encouraging honest conversations about money, expectations, spending habits, savings goals, debt management, and financial values. Frame the prenup as a plan for your shared future, rather than a sign that the relationship is doomed from the start.

If things get heated, it might help to suggest talking to a neutral professional like a financial planner, couples therapist, or mediator.

Can You Change a Prenup?

Prenuptial agreements aren't set in stone. You can modify your agreement if both of you agree to the changes. To update a prenup, you'll need to draft a written amendment. Amendments require the same formalities as the original agreement—voluntary consent and full financial disclosure. Some states may require amendments to be notarized or witnessed.​

Common reasons couples modify prenups include:

• significant income or wealth changes
• launching a new business
• having children
• serious health issues, or
• moving to a different state or country.

Alternatively, you can create a postnuptial agreement, which is similar to a prenup but signed after the wedding.

Getting Legal Help

If you're thinking about a prenup, you and your partner should each talk to a lawyer. A lawyer who specializes in prenuptial agreements can make sure your agreement aligns with your intentions and is legally valid and enforceable.

When you are ready to move forward, be sure to have the prenup talk well before your wedding and be fully transparent about your finances, goals, and concerns. Taking these steps now can prevent conflict and expensive court battles down the road. Learn more about state-specific prenup rules and requirements.