LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.
Prenuptial agreements—often called “prenups”—are legal contracts entered into before marriage that outline how assets, debts, and financial matters will be handled during the marriage and in the event of divorce or death. While once considered only for the ultra-wealthy, prenups are now widely used by couples of all income levels who want to clarify expectations and protect their futures.
Here are 20 of the most commonly addressed issues in prenuptial agreements, with a brief explanation of why each one matters:
1. Division of Property
Outlines how marital and separate property will be divided if the marriage ends, preventing confusion or costly disputes later.
2. Separate Property Protection
Clarifies which assets each party brings into the marriage and ensures they remain that person’s separate property.
3. Debt Allocation
Specifies who is responsible for existing or future debts, including student loans, credit card debt, and business liabilities.
4. Spousal Support (Alimony)
Establishes whether either party will receive spousal support, and if so, how much and for how long—or waives it altogether.
5. Business Ownership
Protects one or both spouses’ business interests, ensuring that the business is not divided or disrupted in a divorce.
Clarifies what happens to inherited assets or family heirlooms and may limit a spouse’s right to claim against the other’s estate.
7. Real Estate Ownership
Determines how marital and separate real estate holdings will be owned, used, or divided.
8. Retirement Accounts and Pensions
Addresses how IRAs, 401(k)s, and pensions will be treated, particularly what portion (if any) may be shared.
9. Estate Planning Integration
Works in tandem with wills and trusts to ensure consistent treatment of assets upon death.
10. Gifts During Marriage
Specifies whether gifts between spouses or from others (such as parents) remain separate or become marital property.
11. Financial Responsibilities During Marriage
Outlines how expenses will be handled—jointly or separately—and who is responsible for bills, taxes, and household costs.
12. Future Education Costs
Can provide for how the couple will share the cost of further education or training for either spouse.
13. Life Insurance Policies
Specifies who will own or be named as beneficiary of life insurance policies and how proceeds are handled.
14. Health Insurance Coverage
Clarifies whether one spouse will maintain coverage for the other and how medical costs are addressed.
15. Pets and Animal Ownership
Identifies who will keep pets acquired before or during the marriage and how related expenses will be handled.
16. Lifestyle Clauses
Some prenups include non-financial terms such as expectations about social media use, infidelity, or religious upbringing of future children. (Note: These clauses may not be enforceable in all jurisdictions.)
17. Tax Filing Status
Clarifies how the couple will file taxes—jointly or separately—and how tax refunds or liabilities will be divided.
18. Dispute Resolution Method
Specifies how future disputes will be resolved, such as through mediation or arbitration instead of litigation.
19. Sunset Clause
Includes an expiration date or milestone after which the agreement terminates (e.g., 10 years of marriage).
20. Modification Requirements
Outlines how the agreement can be amended in the future, typically requiring written consent from both spouses.
Know the Laws with LegalFix
A prenuptial agreement is not a prediction of failure but a proactive way to protect both parties’ rights and set financial expectations. It fosters transparency and can even strengthen a couple’s relationship by encouraging open, honest conversations about money and priorities before marriage.
Before signing, each person should consult with their own attorney to ensure the agreement is fair, fully understood, and enforceable under state law. A well-drafted prenup can provide peace of mind and prevent bitter legal battles down the road.
Whether you want to understand what prenups mean or are looking for more information on how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and use the free search and information tools to better understand the state and federal laws that affect you. Just visit LegalFix.com to find all this content — and check back often for more valuable legal products and services coming soon.
)
Prenuptial agreements—often called “prenups”—are legal contracts entered into before marriage that outline how assets, debts, and financial matters will be handled during the marriage and in the event of divorce or death. While once considered only for the ultra-wealthy, prenups are now widely used by couples of all income levels who want to clarify expectations and protect their futures.