20 Common Issues Addressed in Prenuptial Agreements: What Couples Should Know Before Saying “I Do”

Posted: August 1, 2025
prenuptial agreement

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.

6. Inheritance Rights

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.

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