Reviewed September 2026.
A prenuptial agreement (prenup) is a written contract signed before marriage that sets rules for property, debts, and sometimes support if the marriage ends or a spouse dies. This page is an educational overview of common topics. It is not legal advice. Enforceability, required disclosures, and limits on child-related terms vary by state. Anyone considering a prenup should talk with their own licensed attorney in the state where they will marry or live.
Everyday money systems while dating are separate: Split money with a partner before marriage.
What prenups often address
| Topic | Typical treatment (varies by state) |
|---|---|
| Separate vs marital property | Define what stays separate (premarital brokerage, a house titled to one person, inheritances) vs what becomes shared |
| Debt | Assign responsibility for premarital student loans, business debt, or future borrowing |
| Business interests | Protect a closely held business, IP, or partnership stake from being treated as fully marital |
| Spousal support / alimony | Some agreements set, cap, or waive support; courts may still review fairness and state limits |
| Retirement accounts | Clarify how 401(k)/IRA growth during marriage is treated |
| Estate / death | Coordinate with wills and beneficiary forms; a prenup does not replace beneficiary updates |
Couples often attach schedules listing accounts and balances from a net-worth snapshot so disclosure is clear.
What prenups usually do not control
- Child custody and child support for future children: courts generally decide based on the child’s best interests under state law; parents cannot lock those outcomes in a prenup the way they allocate a brokerage account.
- Day-to-day budgeting chores (“who pays Netflix”) unless you choose to put lifestyle clauses in; many lawyers keep the document focused on property and support.
- Automatic changes to bank “joint with right of survivorship” access rules; deposit agreements still matter (Joint account control).
- Credit card authorized-user vs joint liability rules at the issuer (Authorized user vs joint).
Process patterns (high level)
- Full financial disclosure (assets, debts, income). Hidden accounts are a common attack line later.
- Independent counsel for each partner. One lawyer for both is a conflict risk in many states.
- Time: signing on the way to the venue invites “duress” arguments; weeks or months of review is safer practice.
- Writing and formalities: notarization and witness rules follow state statute.
- Postnup: a similar agreement signed after marriage exists in some states under different rules; do not assume a prenup template works unchanged.
When people commonly consider one (education, not a pitch)
- One partner owns a business, professional practice, or large premarital portfolio.
- Expectation of a significant inheritance or family property.
- Second marriage with children from a prior relationship and estate goals.
- Large income gap where support expectations need clarity.
- Desire to keep premarital student loans clearly assigned.
A prenup is optional for many couples with similar finances and no complex assets. Choosing not to sign one is also a valid decision after you understand default state marital-property rules.
Checklist before you talk to lawyers
- List separate assets and debts with approximate balances.
- Write goals in plain English (example: “Keep the premarital Schwab IRA separate; share the house we buy together”).
- Budget for two attorneys, not one.
- Ask how your state treats marital property (community property vs equitable distribution is a major fork).
- Align beneficiary forms and wills after any agreement is signed.
Educational only. Not legal advice. Prenup validity, required disclosures, support waivers, and formalities depend on state law and facts. Consult a licensed attorney in your state; do not rely on this page to draft or sign an agreement.