Do I Need a Prenup?
Answer 5 questions about your financial situation, assets, and family circumstances. Get a personalized recommendation in under 2 minutes.
Do you or your partner have significantly more assets?
Consider savings, investments, property, retirement accounts.
When a Prenup Makes Sense
Prenups aren't about planning for divorce - they're about financial clarity and protection. Here's when they're most valuable:
Strong Reasons to Consider
- Significant asset disparity: One partner has much more
- Business ownership: Protect business from division
- Children from prior marriage: Protect their inheritance
- Expected inheritance: Keep family assets separate
- One partner has debt: Protect from liability
- Second marriage: Clearer expectations
May Not Be Necessary
- Similar financial situations: Roughly equal assets/income
- First marriage, no kids: Simpler situation
- Few assets: Not much to protect
- No business interests: W-2 employees
- Neither expects inheritance: No family wealth
- State laws work fine: Default rules are acceptable
What Can (and Can't) Be in a Prenup
Property Division
How assets acquired during marriage will be divided. Can keep certain assets separate or establish sharing rules.
Pre-Marital Assets
Protection for assets you're bringing into the marriage - savings, property, investments, retirement accounts.
Spousal Support
Terms for alimony if you divorce - amount, duration, or waiver. Can protect higher earner or ensure support for stay-at-home parent.
Business Interests
Keep business ownership separate, establish valuation methods, prevent non-owner spouse from claiming business assets.
Debt Responsibility
Protect from partner's existing debt. Define who's responsible for debt incurred during marriage.
NOT Allowed
Child custody, child support, illegal provisions, or terms that encourage divorce. These will invalidate the prenup.
How to Bring Up a Prenup
The prenup conversation doesn't have to be awkward. Here's how to approach it:
Do
- Bring it up early - not weeks before the wedding
- Frame it as financial planning for both of you
- Discuss what you both want to protect
- Acknowledge it's uncomfortable but important
- Emphasize it protects both partners
- Offer to include provisions that benefit them
Don't
- Spring it on them last minute
- Present a finished document to sign
- Make it about distrust
- Pressure or give ultimatums
- Make it entirely one-sided
- Skip the "why" - explain your reasoning
The Prenup Process
| Step | What Happens | Timeline |
|---|---|---|
| 1. Discussion | Both partners discuss goals and concerns | 4-6 months before wedding |
| 2. Hire Attorneys | Each party gets their own lawyer | 3-4 months before |
| 3. Full Disclosure | Both parties disclose all assets and debts | 2-3 months before |
| 4. Negotiation | Attorneys negotiate terms | 1-2 months before |
| 5. Signing | Both parties sign with witnesses | 2+ weeks before wedding |
Typical Costs
- Simple prenup: $1,500 - $3,000 per person
- Complex (business, high assets): $5,000 - $10,000+ per person
- Online services: $300 - $1,500 (not recommended for complex situations)
Frequently Asked Questions
What is a prenuptial agreement?
A prenup is a legal contract signed before marriage that outlines how assets, debts, and other financial matters will be handled during marriage and in case of divorce. It can protect both parties by establishing clear expectations.
Are prenups only for wealthy people?
No, prenups can benefit couples at any income level. They're especially useful when there's income disparity, one partner has debt, either has children from prior relationships, or one owns a business. They can also simplify things if both partners want clarity.
Will asking for a prenup offend my partner?
It depends on how you approach it. Frame it as financial planning and protection for both parties, not distrust. Many couples find the prenup conversation actually strengthens their relationship by addressing money topics openly before marriage.
What can a prenup cover?
Prenups typically cover: division of property acquired during marriage, protection of assets owned before marriage, spousal support/alimony, debt responsibility, inheritance rights, and business ownership. They cannot cover child custody or child support.
How much does a prenup cost?
Simple prenups range from $1,500-$3,000, while complex ones with significant assets can cost $5,000-$10,000+. Each party should have their own attorney review it. Online services exist for simpler situations but aren't recommended for complex cases.
Can a prenup be challenged in court?
Yes, prenups can be invalidated if: signed under pressure/duress, one party didn't fully disclose assets, it's unconscionably one-sided, signed without independent legal counsel, or contains illegal provisions. Proper execution is important.