Prenuptial Agreements: What They Cover and How They Work

A prenuptial agreement ("prenup") is a written contract a couple signs before marriage that decides how money and property will be handled during the marriage and divided if it ends. It is not just for the wealthy. Prenups are common for second marriages, business owners, people with children from earlier relationships, and anyone bringing significant savings or debt into the marriage.

What a prenup can cover

Which property stays separate and which becomes marital.
How property and debts would be divided in a divorce.
Whether, and how much, spousal support would be paid.
Protecting a family business or an expected inheritance.
Responsibility for each spouse's existing debts.
Coordinating with an estate plan, especially in second marriages. See estate planning for blended families.

What a prenup cannot do

Set child custody or child support. Courts decide those based on the child's best interests at the time.
Include terms that are illegal or encourage divorce.
Override some state rules protecting spouses.

What makes a prenup enforceable

Requirements vary by state, but courts usually look for:

In writing and signed by both spouses.
Full financial disclosure of assets, debts and income.
Voluntary signing, without pressure or a last-minute deadline.
Fair terms, not grossly one-sided when signed or, in some states, when enforced.
Ideally, separate lawyers for each spouse.

A prenup presented days before the wedding is much easier to challenge. Start several months ahead.

Postnuptial agreements

Couples who are already married can sign a postnuptial agreement covering the same topics. Courts often look at these even more closely, so independent advice for each spouse matters.

Find a family law attorney near you.

This guide is general information, not legal advice. Prenup rules vary by state.