What is a Prenup?

Editor's note: This post was originally published April 20, 2023, and has been updated for accuracy, comprehensiveness and freshness on July 2, 2026.

People sometimes have strong emotional reactions to the word “prenup” because it feels like their partner doesn’t trust them. But a prenuptial agreement is about establishing trust and fairness. It can be a prudent and loving way to begin a marriage. A prenup is a way for two people to settle how they'll handle money and property before they say “I do.”

We don’t want you to handle these important decisions alone. We'll explain what a prenup is, how prenuptial agreements work, what they can and can't protect, and how to decide whether one makes sense for your relationship.

What is a prenuptial agreement?

A prenup is a document that lays out expectations about possessions and finances to help each partner protect their property and reduce conflict if they ever go through a divorce.

Brenda Lee Guan, a lawyer with McEnroe, Steinbach, Rothman & Kendall P.C., explains it this way:

The agreement "is essentially a contract between two people who are about to get married. The purpose of a prenup is to explicitly define the interest that the parties have respectively in each other's property."

If you're considering a prenup, working with a provider law firm through a LegalShield® Membership can give you peace of mind that your agreement is set up correctly.

How does a prenup work?

Every situation is different, but there are several important tasks that couples typically need to complete when getting a prenup. These aren't always rigid step-by-step requirements, and the exact process can vary by state, but most prenuptial agreements involve the following:

• You both fully disclose your finances, including income, debts, property, businesses, and investments.
• A lawyer drafts the prenup, usually for the person requesting the agreement.
• The other person is given enough time to carefully review the agreement before the wedding. In many cases, experts recommend at least 30 days.
• You both should have the opportunity to speak with your own lawyer, so you fully understand the terms.
• Both of you voluntarily sign the agreement before getting married.
• If you later divorce, the prenup helps guide the division of assets.

A prenup gives you and your spouse the opportunity to make decisions together ahead of time instead of leaving them up to a court later. You can clearly define what belongs to each person, how debts will be handled, or what would happen financially if the marriage ends.

What makes a prenup legally valid?

The exact requirements vary by state, but most courts assess agreements by their fairness, in what they include and how they were created.

Guan explains that when courts look at prenups, they check three important things:

"First, the agreement must be executed voluntarily. Second, the person who wanted the agreement must have given the other person a reasonable period of time to consider the terms. Finally, there must be a fair and reasonable disclosure of property, giving the person adequate knowledge of the property or financial obligations of the other spouse."

Prenups are likely strongest when each partner has consulted with their own separate lawyer. They also should avoid pressuring either partner. A prenup signed the day before the ceremony could be challenged on the grounds that one person felt pressured. In general, if a court finds that the terms are unfair or that one person didn't understand what they were signing, the agreement may not hold up.

With a LegalShield Advanced Plan or Premium Plan, a provider law firm can prepare your prenup agreement and guide you through the process.

What does a prenup protect?

Prenups are designed to cover specific financial considerations. They generally cover:

• Property you owned before marriage
• Debts
• Spousal support
• Business interests
• Inheritances

Guan emphasizes that prenups give couples more control than do the standard rules about marital property:

In the United States, there are two types of marital property regimes: the majority rule is an equitable division, while the minority rule is an equal division, also known as community property. A common purpose behind making a prenup is opting out of the default property division rule in a particular state.

What a prenup doesn't cover

While prenups can address many financial matters, courts will typically not enforce provisions that go beyond finances, like child custody or support. Those decisions are usually made based on the child's best interests at the time of the divorce, not an agreement signed before the marriage.

Prenups also typically can't enforce personal lifestyle rules. For example, clauses about household chores or family visits are generally not valid.

If a court believes part of the agreement is extremely unfair or violates the law, it may refuse to enforce some or all of the prenup.

Is a prenup a good idea?

When does it make sense to sign a prenup? Guan lists four scenarios where prenups might be especially helpful:

1. This is not your first marriage, and you have children from a previous marriage whose interests in your property you want to protect.

2. You and your soon-to-be spouse wish to opt out of or into the community property regime (please note, there are only nine states where community property is the default rule, and a handful more where couples can opt INTO community property).

3. You and your soon-to-be spouse wish to maintain separate property throughout your marriage.

4One party is significantly wealthier than the other and wants to protect their assets in the event of divorce.

Signing a prenup is a responsible way to begin a marriage and protect your (and your partner's) financial future. What's more, Guan notes, society supports this approach:

"In general, the law favors prenuptial agreements. This is consistent with the general sentiment in our country that favors contracts and the right to contract. When parties contract, they know what they are getting into."

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What is a prenuptial agreement for?

Now that you know what a prenup is, let's talk about what a prenuptial agreement is for. What does it actually do?

A prenup is a tool that protects both people getting married. It clarifies who owns and owes what.

Here are the main things a prenup can cover:

• Property you owned before marriage: If you bought a car or house before the wedding, the prenup can say it stays yours.
• Debts: If one person has student loans or credit card debt, the prenup can say the other person isn't responsible for paying it.
• Spousal support: The prenup can set rules about alimony (money paid to a spouse after divorce).
• Business interests: If you own a business, a prenup can protect it from being split up in a divorce.
• Inheritances: If you expect to inherit money or property from your family, a prenup can keep it separate.
• Children from previous relationships: If you have kids from an earlier marriage, a prenup can protect their inheritance.

Guan emphasizes that prenups give couples control:

"In the United States, there are two types of marital property regimes: the majority rule is an equitable division, while the minority rule is an equal division, also known as community property. A common purpose behind making a prenup is opting out of the default property division rule in a particular state."

The prenup meaning isn't about planning for failure. It's about fairness and peace of mind. It's an agreement before marriage that protects both people.

Why would someone ask for a prenup?

You might wonder when signing a prenup makes sense. Let's look at common situations where people ask for this contract before marriage.

Guan lists several scenarios where prenups are especially helpful:

"1. This is not your first marriage, and you have children from a previous marriage whose interests in your property you want to protect.

“2. You and your soon-to-be spouse wish to opt out/into the community property regime of your state (please note, there are only nine states where community property is the default rule, and a handful more where couples can opt INTO community property).

“3. You and your soon-to-be spouse wish to maintain separate property throughout your marriage.

“4. One party is significantly wealthier than the other and wants to protect their assets in the event of divorce."

Some people worry that asking for a prenup means you don't trust your partner. That's a misconception! Think of it this way: you buy car insurance, but you're not planning to crash. You're just being responsible. A prenup is the same idea. It's proactive planning for your financial future.

Guan notes that society supports this approach:

"In general, the law favors prenuptial agreements. This is consistent with the general sentiment in our country that favors contracts and the right to contract. When parties contract, they know what they are getting into, so to speak."

Do all marriages need a prenup?

Not every couple decides to use a prenup. Some people feel it may not be necessary if they're early in their careers, don't have many assets yet, have similar financial situations, or are entering marriage without major debts or business interests.

But life can change a lot over the course of a marriage. A future inheritance, a growing business, children, or major financial changes can all make financial planning more important over time.

Understanding the benefits of prenuptial agreements can help you decide if it's worth paying the cost of a prenup. Many couples find peace of mind in having this contract before marriage, even if they don't have complicated finances, and a LegalShield Advanced or Premium Plan can connect you with a provider lawyer to walk you through the details.

What happens if you divorce without a prenup?

Understanding how divorce works can help you see why having a prenup matters, as otherwise you are beholden to your states property-distribution laws. The two sections below get into more detail about the two main approaches.

Prenups in community property states

In community property states, most of the income earned and property you bought during the marriage gets split 50/50. This includes houses, cars, savings accounts, and even debts. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Prenups in equitable distribution states

In equitable distribution states (most states), a judge decides what's "fair." Fair doesn't always mean equal. The judge looks at things like how long you were married, how much each person earns, and who took care of the kids. Then they divide the property based on what they think is reasonable.

Get legal help with your prenup

Drafting a strong prenuptial agreement requires professional guidance. You need lawyers who understand your state's laws and can help you create a contract before marriage that will hold up in court.

With a LegalShield Legal Plan, you can connect with a provider law firm for help with prenups and other family law matters, with plans starting at around $1/day. Learn more here.

‍Brenda has been practicing law since 2024. She is licensed in both Iowa and Minnesota, and focuses her practice on family law and estate planning matters, including probate. Fluent in Mandarin Chinese and French, Brenda has a particular passion for serving the legal needs of individuals who do not speak English as their primary language.