Prenuptial Agreements in California

California is famous for many things—sunshine, world-class wine, traffic, and divorce settlements that make headlines. Steven Spielberg had to pay $100 million when his prenup written on a napkin was thrown out. Jennifer Lopez and Ben Affleck got divorced without a prenup at all in 2024.

These celebrity splits are more than tabloid entertainment—they're cautionary tales about a legal reality that affects every married couple in the state. California law mandates that community property—all assets and debts acquired during the marriage—be divided equally (50/50) between spouses, regardless of who earned them unless the spouses agree otherwise in writing. That's why prenuptial agreements have become an increasingly essential tool for couples across all income levels in the state—whether they are protecting individual assets, shielding themselves from partners' debts, or simply establishing clear financial expectations before marriage.

Here's an overview of how prenuptial agreements work in California.

What Is a Prenup?

A prenuptial agreement is a legally binding written contract that couples sign before getting married. The agreement identifies each person's existing assets and debts, and establishes clear rules about how property and finances will be handled during the marriage and if the couple divorces.

What Happens If I Don't Have a Prenup in California?

If you don't sign a prenup, your marriage and divorce will be governed by the California Family Code. A prenuptial agreement essentially allows you to opt out of the state's default rules for how to divide property and debt and negotiate your own rules with your future spouse.

In the absence of a prenuptial agreement, California community property law provides that the total net value of community property—any property acquired during the marriage that is not a gift or an inheritance—is divided equally upon divorce. A couple can modify these rules in a prenuptial agreement by, for example, agreeing that all income and debts acquired or incurred during the marriage always remain separate property.

Legal Requirements for a Valid California Prenup

California has followed the Uniform Premarital Agreement Act (UPAA) since 1986. This law says that a written prenup signed by both people before marriage automatically takes effect when the couple gets married. A prenup can cover property division and other financial matters, but it can't limit a child's right to child support or take away a judge's authority to make decisions about child custody and visitation.

Like any contract, to be valid, both people signing a prenup must understand the terms and voluntarily agree to them.

California updated its prenup laws in 2002 and 2020. The state now has some of the strictest prenup laws in the country. (Cal. Family Code § 1610-1617 (2025).)

If you want your prenup to be enforced in California, here's what the law requires:

You Must Exchange Financial Information

California law requires both partners to fully share accurate and detailed information about their income, assets, and debts before signing a prenup, including:

• current earnings (tax returns, pay stubs)
• all bank and savings accounts
• real estate and significant personal property
• investments and retirement accounts, and
• debts and loans.

(Cal. Family Code § 1615 (2025).)

You Must Wait at Least 7 Days

As of January 1, 2020, couples must wait at least seven days between finalizing the prenup and signing it. (Cal. Family Code § 1615 (2025).)

The waiting period allows each person to carefully read the agreement, seek legal advice, and sign without feeling rushed or pressured.

Both People Should Have Their Own Lawyer

California law strongly encourages both people signing the prenup to have their own lawyers. If either person chooses not to hire a lawyer after being advised to do so, that person must sign a written waiver at least seven days before the final agreement is signed. (Cal. Family Code § 1615 (2025).)

Special Rules Apply for Alimony

If a prenup says anything about spousal support, including waiving or limiting it, the person giving up their right to support must be represented by an attorney when the agreement is signed.

But having an attorney doesn't guarantee your alimony waiver will hold up. Even with legal representation, a court won't enforce the waiver if it's unconscionable (extremely unfair) either at the time of signing or at divorce. For example, a judge might not enforce an alimony waiver it it would force one spouse to live below the poverty line while the other spouse has millions of dollars. (Cal. Family Code § 1612 (2025).)

You Should Get Your Prenup Notarized

Under California law, a prenuptial agreement must be in writing and signed by both parties to be valid. Although notarization isn't required, it's strongly recommended. A notary public confirms your identity and witnesses you signing, which provides additional proof that both people signed voluntarily and without coercion.

What Terms Can a California Prenup Include?

Under California law, couples can include a wide variety of terms in a prenuptial agreement. Most commonly, prenups cover how property, income, and debts will be owned and divided during the marriage and if the couple divorces. Prenups can also be a powerful estate planning tool because they can limit a surviving spouse's right to inherit.

In a prenup, California couples can decide in advance:

• which property will stay separate and which will be shared
• how community property and debts will be divided if the marriage ends
• whether either spouse will receive spousal support after a divorce (as long as the term isn't grossly unfair and the spouse giving up support has a lawyer)
• who will be responsible for specific debts, and
• how inheritance rights will work, often alongside a will or trust.

Limits on What California Prenups Can Cover

Even though prenuptial agreements can cover a lot, there are some things California law doesn't allow you to include.

Child Custody, Parenting Time, and Child Support

A prenup can't decide anything about child custody, visitation, or child support.
Those issues are always ultimately up to a judge, who has to decide what's in the best interests of the child when the parents separate or divorce.

Couples can agree in a prenuptial agreement (or later) to pay more than state law requires for a child, such as to cover college tuition or maintain health insurance for an adult child. But agreements about how to raise children, such as religion or schooling, usually aren't enforceable.

ERISA-Governed Retirement Plans

You can't use a prenup to waive rights t oa retirement plan that's covered by federal law (ERISA), such as a 401(k). Federal law says only a current spouse—not a fiance—can waive these rights. If you want to do that, you'll have to fill out the required forms after you're married. (29 U.S.C. § 1055(c)(2)(A) (2025).)

Infidelity Clauses

California is a no-fault divorce state, which means judges don't consider anyone's behavior, including infidelity, when dividing property or awarding support. Prenup clauses that try to punish a spouse for "bad behavior" won't be enforced.

Lifestyle Clauses

Some couples try to regulate personal behavior and daily routines through "lifestyle clauses" in a prenup. For example, a couple might try to agree on how household chores are divided, how often they'll have sex, or what happens if one person gains weight.

California courts, however, don't enforece lifestyle clauses. Prenups are about financial issues, not trying to control how someone looks or acts.

Agreements That Encourage Divorce

A California prenup generally can't include terms that encourage or reward divorce. For example, if a prenup says one person gets a big payment only if the marriage ends, a judge may decide the term is against public policy and refuse to enforce it.

Do I Need a California Prenup?

If you don't create a prenup, your property and debt will be divided based on California law. So, in a way, you already have a prenup. The choice is between terms you negotiate with your future spouse or terms determined by state legislators.

Many couples are reluctant to have the prenup talk because they believe prenups are unromantic or indicate a lack of trust. But the process of negotiating a prenup can actually strengthen your relationship. Having an open and honest discussion about money, debt, and expectations can be the foundation for a successful marriage, rather than an omen of divorce.

Legal Help for California Prenups

If you're thinking about a prenuptial agreement, it's smart for you and your partner to talk to your own lawyers before signing. A prenup lawyer can make sure your prenup follows California law, meets all the technical requirements (like the seven-day waiting period), and protects your interests.

If you're unable or don't want to hire a lawyer, you can still make a valid prenup as long as it doesn't include spousal support terms. Some couples choose to prepare their agreements through online platforms, which can guide you step-by-step through the process.

Learn more about how to write a fair and lasting prenuptial agreement.

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