What Is a Prenup and Should You Get One?

How Prenups Work

A prenuptial agreement, also known as a premarital agreement or a prenup, is a contract you and your partner sign before marriage. The document includes a full disclosure of each partner's finances and explains how you want to handle financial matters during the marriage or in the event of a separation, divorce or death.

It may be a good option for couples in certain situations, such as those who want to keep separate finances or have inheritances to consider.

Both partners discuss the terms in advance and often consult an attorney to create and review the agreement. If there are any major changes to the relationship or finances during the marriage, you can update the prenup with a written amendment. A court will typically honor the agreement as long as it meets your state's legal requirements.

Parts of a Prenup

Each prenup varies depending on the couple's situation and their state laws, but these legal agreements often contain the following pieces:

• Financial disclosure: A list of each partner's assets, properties, inheritances and debts
• Property classification: Whether each asset and debt is marital property or separate property
• Property division: How assets and debts will be treated during the marriage and during a potential divorce, separation or death
• Inheritance rights: Whether any assets should be preserved for specific family members or heirs, such as children from a previous relationship
• Financial responsibilities during the marriage: How couples will manage joint accounts, pay household expenses, and handle income or assets while married
• Spousal support: Whether spousal maintenance (also called alimony in some states) will be paid after divorce and under what terms

Learn more: Should Married Couples Have Joint Checking Accounts?

Pros and Cons of Prenups

Prenups can help financially protect both partners in a marriage, but they come with some drawbacks, too. Consider these pros and cons before drafting a prenup:

When Should You Consider a Prenup?

A premarital agreement could be a good option if you want more clarity and control over how financial matters are handled during your marriage or in the event of a divorce. Here are some situations when a prenup may be worth considering:

• You want to decide how property will be divided. Rather than relying on your state's laws, a prenup allows you to set clear terms for how you want to handle assets and debts in a divorce.
• You have children from a previous relationship. A prenup allows you to preserve assets for any children you don't share with your current spouse.
• You want to clarify certain marital rights and responsibilities. Outlining how income, expenses and accounts will be managed during the marriage may be especially important if one spouse plans to pause their career and focus on household duties.
• Your spouse has major debt. The agreement can specify which debts remain separate, reducing the risk you'll become responsible for your spouse's major debts.
• You want to define spousal support. You can address whether alimony would be paid and under what terms, subject to state law limits.

How Much Does a Prenup Cost?

The cost of a prenuptial agreement can vary widely depending on where you live, attorney fees and the complexity of your finances. The average couple pays $8,000 to have a prenup drafted and reviewed, according to a 2024 survey of family lawyers across the U.S.

You can keep costs low if you and your partner have straightforward assets and agree on terms quickly. More complex situations—such as significant assets, business ownership or extensive negotiations—can push costs higher, especially since each partner typically hires their own attorney.

How to Get a Prenup

If you're considering a prenuptial agreement, it's important to start early and approach the process thoughtfully. Here's an overview of how to get a prenup:

1. Start the conversation early. Bring up the topic well before the wedding to allow time for discussion and negotiation.
2. Disclose finances fully. Each partner should provide a clear picture of their assets, debts, income and financial obligations.
3. Hire separate attorneys. Having your own attorney can help you avoid conflicts of interest. It also strengthens enforceability if you need to use the prenup later on.
4. Negotiate and draft the agreement. Work with your attorneys to outline how property, debts and potential spousal support should be handled during the marriage and in the event of a divorce.
5. Review and sign the document. Signing the agreement well before the wedding helps avoid claims of pressure or coercion.

Prenup vs. Postnup

Postnuptial agreements and prenuptial agreements are both legal documents that clarify a couple's rights during marriage and how they'll divide property and debts if they get a divorce. The key difference is timing. A prenup is signed before the marriage, while a postnup is signed after the couple has gotten married (but before they separate or divorce).

Another distinction is how the contracts may be handled in court. A postnup may face closer scrutiny because spouses in an existing marriage already have a fiduciary relationship, or an expectation they'll act in each other's interest. In the event of a divorce, a judge may look more carefully at fairness, disclosure and whether either spouse felt pressured when signing the postnup.

The Bottom Line

A prenuptial agreement isn't just for high-net-worth couples—it's a financial planning tool that can help clarify expectations, protect assets and reduce uncertainty. While it may feel uncomfortable to discuss, having open conversations about money before marriage can strengthen transparency and understanding. If you're considering a prenup, taking time to learn your options and consult qualified legal professionals can help you decide whether it makes sense for your situation.