Marriage Is Emotional—and Financial
January 23, 2026
Marriage is often viewed through a romantic lens, but it is also a long-term economic arrangement. Attitudes toward prenuptial agreements reflect that reality. Recent survey data shows that a majority of U.S. adults are now open to the idea of signing a prenup, a notable increase from just a year earlier. What was once considered taboo is increasingly seen as a practical planning tool.
Understanding Prenuptial Agreements
A prenuptial agreement, commonly called a prenup, is a legal contract entered into before marriage. Its purpose is to define how assets, income, debts, and financial responsibilities will be handled if the marriage ends due to divorce or death. This may include property, investment accounts, retirement assets, business interests, and liabilities.
Beyond the legal mechanics, a prenup often serves a broader function. It encourages couples to have candid discussions about money—how it is earned, spent, saved, and managed. Topics such as student loans, credit history, compensation, savings habits, and future financial expectations are addressed directly rather than assumed. These conversations, while sometimes uncomfortable, can lay the groundwork for clearer communication and fewer misunderstandings later.
When addressed thoughtfully and early, a prenup can help protect both parties’ interests and reduce the emotional and financial strain that may arise if the relationship changes.
Timing and Legal Requirements Matter
For a prenuptial agreement to hold up legally, it must be handled properly. Discussions should occur well in advance of the wedding date to avoid any suggestion of pressure or coercion.
Each person must provide complete and accurate disclosure of assets and debts, and both parties should be represented by their own legal counsel. These steps are not formalities—they are essential to enforceability.
The Consequences of Skipping a Prenup
Without a prenuptial agreement, the division of assets and debts is determined during separation or divorce—often at a highly emotional time. Property acquired before the marriage may not remain separate, and higher earners may face support obligations. In some cases, one spouse can become responsible for debts incurred by the other.
If spouses cannot agree on terms, state law governs the outcome. In community property states, assets acquired during the marriage are typically split equally. In other states that follow equitable distribution rules, courts divide property based on what they consider fair, taking into account factors such as income, health, age, earning capacity, and contributions to the marriage. “Fair” does not always mean equal.
Who Might Benefit from a Prenup?
Prenuptial agreements are no longer reserved for the ultra-wealthy. Many couples find them valuable, particularly when one or both partners bring meaningful assets into the marriage, expect a future inheritance, own a business, or have complex financial arrangements that would be difficult to untangle.
Prenups can also be helpful when one spouse earns—or is expected to earn—significantly more than the other, or when one partner anticipates stepping away from the workforce for caregiving or parenting responsibilities. They can establish expectations around financial support and recognize obligations to children from prior relationships as part of broader estate planning considerations.
For individuals marrying later in life, the stakes are often higher. Years of accumulated assets, retirement savings, and prior family commitments make advance planning especially important. That said, a prenup does not replace a comprehensive estate plan. Any provisions that apply upon death should be consistent with wills, trusts, and beneficiary designations.
What About a Postnuptial Agreement?
If a couple is already married, a postnuptial agreement—often called a postnup—can serve a similar purpose. A postnup outlines how assets and responsibilities would be handled if the marriage ends. Like a prenup, it requires full financial disclosure, fairness at the time of execution, and the opportunity for each spouse to obtain independent legal advice. Because enforceability rules vary by state, legal guidance is essential.
Steps Toward a Stronger Agreement
Creating a durable prenup begins with open communication. Couples should talk through their expectations and concerns before involving attorneys. Choosing experienced legal counsel, allowing adequate time before the wedding, and maintaining transparency are all critical.
It is also important to coordinate related documents. Certain assets—such as retirement accounts—pass according to beneficiary designations, not prenuptial agreements or wills. In some cases, a spouse must formally waive rights for alternative beneficiaries to be honored.
For blended families, involving adult children in age-appropriate conversations can help manage expectations and reduce future conflict.
Bottom Line
Finally, prenuptial agreements should not be treated as static documents. Life changes, financial circumstances evolve, and agreements may need updates to remain fair and relevant. Periodic reviews—every few years or following major events—can help ensure continued alignment with a couple’s broader financial and estate plans.
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Disclosure:
This information is an overview and should not be considered as specific guidance or recommendations for any individual or business.
This material is provided as a courtesy and for educational purposes only.
These are the views of the author, not the named Representative or Advisory Services Network, LLC, and should not be construed as investment advice. Neither the named Representative nor Advisory Services Network, LLC gives tax or legal advice. All information is believed to be from reliable sources; however, we make no representation as to its completeness or accuracy. Please consult your Financial Advisor for further information.