Should I Get a Prenup? 7 Reasons To Sign Before Saying Your Vows

This post was originally published on September 20, 2024, and has been updated for accuracy, comprehensiveness, and freshness on March 18, 2026.

A prenup is a contract that couples sign before they get married. It sets expectations for finances in case of a later divorce or the death of a spouse.

Nobody gets married expecting to divorce, but the possibility is real. Divorces can be messy, making it hard to make good decisions. If you’re about to get married, you may be wondering, “Should I get a prenup?” 

Prenuptial agreements (prenups) aren’t only for the wealthy. They can benefit any couple. 

Some people may think that requesting a prenup is insulting, but there are plenty of positive reasons to get a prenup. 

Both future spouses should have their own lawyer review a prenup before signing. This helps you make sure the terms are fair and legally binding. Otherwise, your prenup might not hold up in court.

What is a prenup?

In simple terms, a prenup is a written agreement between two people who are about to get married. It usually focuses on the couple’s finances, but you can include other concerns. 

A prenup is signed before the wedding and states the terms both soon-to-be spouses agree to follow. If the couple divorces, the prenup is like a map that shows how to divide assets, debts, and personal property. 

Postnuptial agreements are another type of contract, signed by a married couple. It provides similar benefits, with the difference being when couples sign it. 

Why you should get a prenup

This premarital contract has multiple benefits and is a good idea for most couples. Let’s look at seven compelling reasons to think seriously about a prenup agreement. 

1. It sets a solid foundation for open communication

Open and honest communication is one of the main pillars of a healthy marriage. No one wants to marry thinking about divorce, but it is always a possibility. 

Talking with your fiancé about your finances and the potential for divorce before you get married might seem insulting or negative. It’s not. You need to be on the same page, and a detailed discussion makes sure that you are. 

Preparing for a potential divorce is practical and realistic. You’re being open with your partner about your financial status, needs, and concerns as you enter marriage. These discussions encourage you to be open and honest with one another. They help to prepare you for the many difficult conversations you’ll probably have during your marriage.

2. Define your personal and marital finances 

You and your fiancé may both have assets and debts of your own. You’ll also probably acquire more during your marriage. A prenup defines whether each spouse’s debts and assets are separate or part of the marital estate. 

Here are some common benefits:

• If you’re considerably wealthier than your partner, a prenup is a good step towards ensuring that your partner isn’t marrying you for your money.
• If you earn more than your partner, then a prenup can be used to limit the amount of alimony payable in the event of a divorce.
• If you earn less than your future spouse, your prenup can help you keep the financial stability and standard of living you enjoy during your marriage.
• When business owners divorce, a spouse can claim a portion of the business’ increase in value or income. Divorce is one of the biggest threats to the stability of your business, so get the specifics of division squared away in your prenuptial agreement.

3. Establish property rights and distribution

Each state has rules about property division during divorce. Some states follow community property laws, under which the two parties typically divide their assets equally.

Under equitable distribution state law, the division isn’t necessarily equal. The goal is fair distribution. What’s fair is based on factors, like each partner’s financial and non-financial contributions to the marriage, as well as their needs after the divorce.

Divorces can be messy and stressful. Still, it may be the best option at some point. It may be hard to agree on distribution terms during divorce. Without a prenup, the courts might decide who gets what. 

Planning ahead with a prenup can help you avoid that outcome. It explains how you’ll handle your finances, asset and debt division, and other financial matters in case of divorce.

4. Protect spouses from each other’s debt

Debt is an unfortunate reality of life. Most people bring pre-existing debts into a marriage. The amount of debt each spouse has isn’t always equal. 

Sometimes, creditors target shared marital assets to repay debts. For example, those assets might be a home, cars, or bank accounts. The partner with less debt doesn’t want to have to pay off the other spouse’s creditors in case of a divorce.

A prenup can help to limit each partner’s responsibility for the other’s debt in the case of divorce. Any prenup agreement should detail each partner’s assets and debts going into the marriage. This separates individual responsibilities from marital ones.

5. Protect family property and estate plans

You may have a family heirloom or property that you want to keep in the case of divorce. Having a prenup in place separates your personal from marital assets. That way, the fate of your personal or familial property isn’t left up to the court system or state laws.‍

A prenup can also cover any inheritance issues and ensure that your estate plan is carried out according to your wishes. Having a Will or a Living Trust is also helpful. For example, a prenup can also cover inheritances and life insurance benefits if one spouse dies. If you have a prenup, make sure to tell your lawyer who is preparing your estate plan.

6. Avoid extensive court proceedings in the event of divorce

Even when it’s necessary, divorce is usually a very painful process. A long, contentious, and expensive legal battle can cost an average of $15,000 per person. Emotions are at their highest. Trying to agree on who gets which assets can be challenging.

‍A prenup signed ahead of your marriage can reduce at least some of the headache of fighting over your assets. The process is somewhat smoother, if not easier.

7. Protect your assets in the event of remarriage

New challenges may come with blending families. You’ll want to protect your existing family and assets. A second or third marriage includes all the potential issues that come with any marriage. There is the possibility of having more children, child support, and additional assets to account for.

A prenup for a remarriage should cover all of the concerns of a first marriage. It also needs to list financial responsibilities from the previous marriage. For example, you can set up how assets will be divided if one spouse dies. This is a way to be sure that children from past relationships inherit what you plan to give them — again, this should line up with your Will or Living Trust.

What does a prenup do?

A prenup allows a couple to plan their finances before they marry. These plans can apply during both the marriage and a potential divorce or death. Whether a prenup is a good idea depends on how much protection you think “future you” might need for:

• Debt management
• Asset protection
• Financial clarity
• Estate planning safeguards
• Inheritance protection for children from a previous relationship

If you take a career break to care for your home or children, your prenup can protect your financial stability by recognizing marital contributions. Without protection, a divorce or death could leave you with an uncertain financial future.

What happens if you don't get a prenup?

Verbal agreements typically don’t hold up in court. Even if you and your future spouse have long discussions and make solid plans, you can’t enforce them without a signed prenup. In case of a divorce, you could find yourself:

• Fighting for alimony that you deserve
• Losing personal assets that were yours before your marriage
• Paying the debts of your soon-to-be ex
• Stripped of marital assets unfairly

Always have your own lawyer help you draft a prenup or review one that your fiancé asks you to sign.

Prenup pros and cons 

As with most things, prenups have advantages and possible concerns. Before you decide to sign a prenup, you need to understand the pros and cons. 

Pros

A well-thought-out prenuptial agreement has many distinct benefits:

• Asset and debt protection: A prenup can keep assets and debts from before your marriage separate from marital property. This often includes business interests and personal items. It can also explain how you’ll handle some marital debts and assets.
• Can address alimony amounts and terms: A prenup lets you outline alimony terms and payment amounts in advance. This helps prevent unfair alimony requests or denials. It also helps the lower-earning spouse keep a reasonable lifestyle after divorce.
• Transparency and clarity: You and your partner need to be on the same page about financial issues. A prenup means having honest talks about money. Drafting a prenup means you’re being clear about your finances and expectations.
• Inheritance protection: One or both spouses may have children from previous relationships. Your prenup, along with a Will or Living Trust, can protect your children’s inheritances.
• Can reduce conflict during a divorce: Most couples argue during a divorce. Financial issues can cause a lot of problems. A prenup that covers those issues can limit arguments and reduce stress.

Cons

Prenups have some cons, too:

• Can cause arguments and tension: Some people think that prenups mean their partner doesn’t trust them. That can lead to arguments and tension.
• Legal drafting and review needed: Whether you want to draft a prenup yourself or are being asked to sign one, an experienced lawyer’s involvement protects your best interests. Legal representation can be expensive if you aren’t a LegalShield advanced or premium member.
• Usually cannot cover child-related issues: Prenups focus on the couple's assets. You usually can’t include plans for child custody or support for children you may have together.

5 Tips for prenuptial agreements

If you’re wondering how to get a prenup, these tips should help you get started.

1. Discuss early: Discuss getting a prenup with your partner at least 6 months before your wedding. Giving yourself enough time to plan thoroughly is important. Signing a prenup too close to the wedding can be an argument to void the prenup. 
2. Get your own lawyer: Your lawyer’s job is to protect your best interests. Your partner’s lawyer protects theirs. Separate lawyers keep things fair and more acceptable to courts. Most lawyers will refuse to represent both parties.
3. Give full financial disclosure: Be honest about all of your debts and everything you own. Judges could void your prenup if they find hidden assets or debts.
4. Work together to create your prenup: Your lawyers take your verbal agreements, put them into legally binding language, and write your prenup.
5. Take time to review and clarify before signing: If you have questions about any part of your prenup, ask your lawyer to explain. Be prepared to make changes if necessary. You’ll need to have your prenup notarized after signing, which is available online as part of all LegalShield plans, subject to state laws.

Let LegalShield help get your prenup in motion

If you have decided you should get a prenup, LegalShield can help you get started by referring you to one of our provider lawyers who know the laws in your state.

LegalShield members receive exceptional support and advice from experienced lawyers at a fraction of the cost other lawyers charge. 

We connect you with lawyers who can help with preparing your prenuptial or postnuptial agreement. Check your legal plan for covered services. 

Choose one of our legal plans that’s right for you. Remember, for a prenuptial agreement to be valid, you and your partner each need your own legal representation.

Frequently asked questions

Is a prenuptial agreement a good idea?

A prenup can save you from significant stress, limit arguments, and reduce legal costs during a divorce.

What are the three main reasons to get a prenup?

A prenup sets financial expectations, protects assets, and limits responsibility for premarital debt.

How to discuss a prenup with your partner without causing conflict

The subject of a prenup may be controversial. Approach it with care. Be sure to explain the benefits and assure your partner that a prenup is simply a safety net to protect both of you if something changes. That makes the discussion less about trust and more about creating a solid foundation for your future.

What does it mean to sign a prenup?

You and your fiancé agree before marriage how you’ll handle financial issues in case of divorce or a spouse’s death.

At what net worth do you need a prenup?

There isn’t a set net-worth amount that says you need a prenup. A prenup deals with assets you have before you are married, but is also important as couples build up their assets together during marriage.

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