Prenuptial Agreements
Overview
Short for "prenuptial agreements," prenups are legal documents drafted before marriage that outline how a couple's finances will be handled in the event of divorce or death. Contrary to popular belief, prenups aren't only for the ultra-wealthy. Any couple who wants a say in how their assets, liabilities, and future earnings will be divided can get a prenup, provided they have the funds to retain the lawyers or online services needed to create one.
While divorce has likely always existed alongside marriage, prenups date back to at least ancient Egypt, when they outlined what a husband would owe his wife if the marriage ended. In the US, prenups have become more popular in recent years as people get married later. In one 2026 poll, about 53% of engaged or married American respondents under age 45 said they had signed a prenup. That's up from 41% of Gen Z and 34% of millennials in a similar 2022 poll.
Proponents argue that prenups give a couple more agency—a prenup replaces a state's default rules for what happens to a divorcing couple's finances with terms the couple sets themselves. Critics point to research linking prenups to lower marital satisfaction, with some finding it pessimistic to plan for a divorce ahead of a marriage.
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