Protecting Your Future with a Pre-or Postnuptial Agreement

June 3, 2025

Marriage is a beautiful bond built on love, trust, and shared dreams—but it’s also a legal and financial partnership. Many people hope their marriage will last forever. However, financial issues can greatly affect the health and length of a relationship.

That’s why more couples are exploring prenuptial agreements. A 2023 Axios/Harris poll found that more than half of U.S. adults are open to signing a prenup. This shows a significant rise from past years.

What Is a Prenup?

A prenuptial agreement—commonly called a prenup—is a legally binding contract signed before marriage. It outlines how assets, debts, income, and property will be handled if the marriage ends in divorce or death. A well-crafted prenup doesn’t just safeguard finances; it can also promote honest conversations about money, which can strengthen the relationship.

“A prenup can serve several purposes,” says Kelly M. Quinlan, advanced planner at Fidelity. “It encourages open discussions around income, debt, savings goals, and financial responsibilities. It’s not just about protecting wealth—it’s about establishing a shared understanding and setting financial expectations from the start.”

The Importance of Timing and Transparency

Prenups should be discussed and finalized well before the wedding day. Hurrying the process or showing it at the last minute can cause stress. It may even lead to the agreement being questioned in court.

Transparency is key—both parties must fully disclose their financial information, including assets, liabilities, and potential inheritances. Each partner should have their own attorney to ensure the agreement is fair and that no one is being coerced.

What Happens Without a Prenup?

If you get a divorce without a prenup, state law will decide how to divide your assets and debts. This often happens during a stressful and emotional time.

In community property states like California, Texas, and Arizona, marital property is typically divided 50/50. In some states, called equitable distribution states, courts divide assets fairly. This does not always mean they are divided equally.

Without a prenup, you might have to share assets you wanted to keep separate. This includes a home you bought before marriage or an inheritance. You might also be liable for your spouse’s debts or required to pay spousal support.

Who Should Consider a Prenup?

Prenuptial agreements are no longer just for the wealthy. Anyone entering a marriage with significant assets, business ownership, or financial obligations should consider one. A prenup may be especially wise if:

●      You own or co-own a business.

●      You expect a substantial inheritance.

●      You have children from a previous relationship.

●      You’re entering a second (or third) marriage.

●      One spouse plans to step away from work for caregiving or parenting.

A prenup can also be useful if there’s a large income disparity between partners or if one partner has significant debt.

What About After the Wedding? Postnups Explained

If you are married and did not sign a prenup, you can still protect your finances. You can do this with a postnuptial agreement.

A postnup serves a similar purpose and can define how assets will be managed in the event of divorce or death. Like prenups, postnups must involve full disclosure, separate legal representation, and fair terms. Laws around enforceability vary by state, so legal counsel is essential.

Tips for Creating a Strong Prenup

●      Start early: Begin discussions well ahead of your wedding.

●      Be honest: Share all financial information, including assets, debts, and income.

●      Get legal help: Work with attorneys who specialize in family law.

●      Keep it fair: Courts may not enforce agreements that are heavily one-sided.

●      Review regularly: Life changes—so should your prenup. Revisit it every 3–5 years or after major financial events.

●      Align with your estate plan: Make sure your prenup supports your broader estate planning goals.

Communicate with Your Family

If you have adult children or family members, think about discussing your marriage or finances with them. This is very important in blended families or later marriages. Financial expectations and inheritance issues may come up.

Final Thoughts

A prenuptial agreement is not just for bad situations. It is a helpful tool that can provide clarity, security, and peace of mind in a marriage.

Talking about finances before the wedding might feel awkward. However, it can help create a strong foundation based on trust and understanding. With the right planning and legal guidance, a prenup can help protect both your heart and your hard-earned assets.

Sources:

https://www.fidelity.com/learning-center/wealth-management-insights/what-is-a-prenup

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.