It’s helpful for couples to understand that you don’t have to have millions to require getting a prenup. “A prenup is not about money—it is about everything important to you: your vinyl record collection, your grandmother’s heirloom jewelry, the courtside season tickets, or your dog,” says Leffler. “A prenup does not just protect the things you have today; it protects ‘future you,’ too.”
“When it comes to divorce, a prenup can simplify and expedite the process, keeping costs down because the big decisions—like how property is divided or whether spousal support is in play—have already been agreed upon,” explains Wasser. “With a prenup, there is so much less to fight over, which means less stress, lower legal fees, and, hopefully, a fresh start to your next chapter.” She adds, “Most states will not honor provisions regarding child custody or support in a prenup. Those issues will need to be resolved at the time of separation.”
It’s important to note that a prenup isn’t always set in stone during a divorce. “It is possible for a prenuptial agreement to be challenged and even invalidated in court after a divorce trial,” says Wasser. “Courts generally uphold prenups because they allow couples to take proactive control of their financial futures, but this often depends on the state and specific circumstances. A prenup might be thrown out if it’s proven to be unconscionable (incredibly one-sided) or if one party was coerced, pressured, or didn’t have adequate time to review the agreement before signing.”
It is also possible to get a postnuptial agreement or a postnup—a contract that is fairly similar to a prenup, but that can be formed after marriage. “Postnups are becoming increasingly popular, but they are not enforced in all states,” notes Wasser. “In the states that do enforce postnups, they can be a helpful tool for couples who didn’t create a prenup before marriage, or for those whose circumstances have changed, such as starting a business, receiving a significant inheritance, or addressing financial concerns that arose during the marriage.”
Why Prenups Can Be Helpful to Your Marriage
Before becoming a team of two as a married couple, it’s important to get on the same page about everything. Formulating a prenup can be a helpful place to start—even if means preparing for a possible split. “Prenups are incredibly valuable for both partners because they open the door to honest, meaningful conversations about finances and future plans—conversations that are essential to building a strong, healthy marriage,” shares Wasser. “These conversations should include financial topics like assets, debts, income, and future financial planning, but they can also extend to other important areas. For example, couples might discuss family planning, embryo disposition, retirement goals, and even responsibilities like if they are going to have kids or caring for family members.”
