Prenuptial Agreements: What They Cover and Why They Matter

A prenuptial agreement isn't a sign of distrust — it's a planning tool that gives both spouses clarity and control over financial questions that would otherwise be left to state law if the marriage ends.

What a Prenuptial Agreement Can Address

Prenups typically cover how property will be divided in a divorce, whether and how spousal support will be handled, protection of separate premarital assets and inherited property, and treatment of a business owned by one spouse.

They cannot, however, predetermine child custody or child support, since courts retain authority over those issues based on the child's best interests at the time of any divorce.

What Makes a Prenup Enforceable

Courts generally require full financial disclosure from both parties, enough time before the wedding for both spouses to review the agreement without pressure, and independent legal representation for each spouse — or at least a clear opportunity to obtain it.

An agreement that's signed at the last minute, without disclosure, or that's extremely one-sided is significantly more vulnerable to being challenged and set aside later.

Who Should Consider One

Prenups are common for couples entering a marriage with significant premarital assets, a family business, children from a previous relationship, or a significant income disparity, but they can be useful for any couple who wants clarity going into a marriage.

A postnuptial agreement — the same concept, signed after the wedding — is available for couples who didn't complete a prenup beforehand.

Frequently Asked Questions

Can a prenup be changed after marriage?

Yes, generally with a postnuptial agreement, executed with the same formalities required for the original prenup.

Do both spouses need separate lawyers for a prenup?

It's strongly recommended, since one attorney generally cannot represent both spouses, and independent representation makes the agreement far more likely to hold up if challenged.

A properly drafted prenuptial agreement provides clarity and protection for both spouses. An attorney can help ensure yours is enforceable and reflects both parties' actual intentions.