Prenuptial Agreement Checklist

Wedding planning is full of last-minute details, from picking the flower arrangements to nailing down the guest list. But there is one thing you can't leave for the last minute: finalizing your prenuptial agreement (or "prenup").

A prenup is a contract between you and your future spouse that allows you to opt out of your state's default rules and decide for yourselves how your property and debt will be divided if your marriage ends in divorce. It might sound unromantic, but having tough conversations about money and expectations now can build trust and reduce the potential for major conflict down the road.

Prenuptial agreement laws vary from state to state, but here's a general checklist of topics you'll want to think about and questions you'll want to answer to create a valid and effective prenup.

When to Sign: Prenup Timing Requirements

Don't spring a prenup on your fiancé at the last minute. Ideally, you'll initiate the prenup talk around the time of your engagement, but make sure to do it at least six months before the wedding. You both need to have plenty of time to negotiate and consult with your own lawyers. If you try to spring a prenup on your fiancé shortly before your wedding, a judge might later say it's invalid because it was signed under "duress" (pressure).

Some states have specific timing requirements. California, for example, requires couples to wait seven days between finalizing the prenup and signing it. (Cal. Fam. Code § 1615 (2025).)

For tips on how to discuss and negotiate a prenup without hurting your relationship, check out: The Emotional Side of Prenups.

Defining Marital vs. Separate Property

One of the main purposes of a prenup is to define which assets are "separate" (belonging to just one person) and which are "marital" (belonging to the couple). Premarital assets include things you owned before the marriage, like a savings account or a car. In most states, these assets stay yours unless you mix them with marital money (called "commingling").

Marital property usually includes money earned or property bought during the marriage. Without a prenup, most states will split this property between spouses if you divorce. Most states use a system called "equitable division." In these states, judges divide marital property fairly, but not necessarily equally. Nine states use community property rules instead. In these states, marital property is typically split equally 50/50.

As part of the prenup process, you and your fiancé will have to make a detailed list of all of your assets and debts. This is called "full financial disclosure." Full disclosure isn't just a helpful way to get organized and ensure your prenup is comprehensive; it's required. If you fail to fully and accurately disclose your finances, a judge might refuse to enforce the prenup down the road because your fiancé didn't know what they were signing away. Most people create a formal document, sometimes called a "Schedule of Assets and Debts," and attach it to the back of the final prenup.

The next step is to decide for yourselves how you are going to define and share property. Here are examples of questions to consider and address in your prenup:

• Which assets do you each want to keep strictly separate (for example, current savings, investments, retirement accounts, business interests, and real estate you already own)?
• Will income earned during marriage be shared or remain each spouse's separate property?
• If you buy a home together, what percentage will each of you own, and how will you divide sale proceeds if you split up?
• Who is responsible for debts acquired before and during marriage?
• If marital funds are used to pay down one spouse's debt, will the other spouse be reimbursed?
• How will you divide retirement accounts, and will contributions made during the marriage be shared?
• How will you treat new businesses started during the marriage—owned together, or by the spouse who starts them?
• If one of you owns a business now, will any growth in that business during the marriage be separate or marital property?
• Will inheritances or gifts received during the marriage stay separate, even if used for joint purposes (like a down payment on a home)?
• Do you want to set different rules depending on how long the marriage lasts (for example, more sharing after 10 years)?

Managing Assets: Joint Accounts vs. Separate Funds

It is common for couples to have different approaches to money. One partner might be focused on saving for retirement while the other wants to spend money now on travel, clothes, cars, and meals out. A prenuptial agreement can help you work through these differences and avoid conflict down the road by setting clear ground rules. Make sure you and your partner have answers to these questions before you draft your agreement:

• Will you combine everything into joint bank accounts, or will you keep separate accounts to maintain independence?
• Will you need to consult each other before making large purchases (like a new car or expensive vacation)?
• How will bills be paid?

Debt Division: Credit Cards, Loans, and Liabilities

Full financial transparency isn't just about assets—it's just as important to share information about your credit history and current debt. It can feel awkward to ask about your partner's credit score, but it's better to find out where you both stand before the wedding, rather than when you apply for a mortgage as husband and wife. In some states, especially those with community property laws, creditors can sometimes go after shared marital assets to pay off debts incurred by just one spouse.

It's also important to understand your partner's attitude toward borrowing. Some people are comfortable carrying debt to fund a business or lifestyle, while others refuse to borrow money for any reason. A prenup allows you to protect yourself by specifying that certain debts remain the separate responsibility of the person who borrowed the money.

Here are examples of questions to ask as you draft and negotiate a prenup:

• Have you and your partner disclosed your credit scores?
• Do you have similar views about debt?
• How do you feel about credit cards? Will you have any joint credit cards?
• Will you cosign for new loans, or will you keep credit obligations separate?
• If you use shared money to pay a separate debt, will the other spouse have a right to be reimbursed?
• Are back taxes owed? If so, will they be paid from a joint account or separate funds?

Alimony and Spousal Support Terms

Money and work are intertwined. Your and your partner's views on career ambition, retirement, and raising children will directly impact your financial future. Most states recognize "non-monetary contributions," like raising children or managing the household, as valuable work that can justify awarding spousal support (also called "alimony" or "spousal maintenance") if you divorce.

You can use a prenup to define your own rules for spousal support, including limiting the amount or waiving it entirely. However, many states have special rules for these waivers. In California, for example, a waiver of spousal support is only valid if the person giving it up had their own independent lawyer. (Cal. Family Code § 1612 (2025).)

Here are examples of career and spousal support-related questions you might want to consider and address in your prenup:

• What are your expectations for income and job types? How would you feel if your spouse switched to a lower-paying field?
• Will one of you stay home to raise children? If so, for how long, and how will that impact the stay-at-home parent's financial security?
• How do you plan to save for retirement?
• Do you want to set specific limits on the amount or duration of alimony, or waive it entirely?

Getting Help With Your Prenup

If you're serious about getting a prenuptial agreement, it's smart to talk to a prenup lawyer. Judges are more likely to enforce prenups when both partners had independent legal counsel before signing. A lawyer can answer your questions, protect your rights, and draft an agreement that matches your intentions.

If you can't or don't want to hire a lawyer, you can still make a valid prenup. Some couples choose to prepare their agreements using reference books or through online platforms, which can guide you step-by-step through the process.

To learn more about prenups generally, check out: Should You Get a Prenup? What It Is, How It Works, and What to Include.