Plan for the Best, Prepare for the Rest: Why Prenuptial Agreements Are Back, and Smarter Than Ever

July 23, 2025

By Baylee Bryant, Wealth Manager, CFP®, CDFA®, Partner, Merit Financial Advisors

Few conversations test a couple’s communication like the idea of implementing a prenuptial (“prenup”) agreement. It can feel uncomfortable; maybe too practical, too pessimistic, or too soon. But avoiding the conversation doesn’t make the potential need for a prenup disappear. It only delays the reality that marriage isn’t just an emotional commitment; it’s a financial one.

Nearly 43% of first marriages in the U.S. end in divorce, yet only about 15% of couples have a prenuptial agreement in place. That disconnect isn’t because prenups aren’t beneficial; it’s because they’ve gotten a bad reputation over the years. But the truth is that prenups are simply a tool. And although there will always be headline-catching stories of prenups that have been used for questionable purposes, the vast majority of couples that create one are doing so for mutual protection and peace of mind.

Prenups are about committing not only to love, but to fairness, transparency, and shared responsibility. In my work as a financial advisor, I’ve seen couples grow stronger through this process. When you can talk openly about money and the future, you’re not undermining your relationship; you’re investing in it.

What a Prenup Is (and What It’s Not)

At its core, a prenuptial agreement is a legal contract that outlines how you and your partner will handle assets, debts, support, and expectations in the event of a divorce or separation.

One of the biggest myths surrounding prenups is that they are only for the ultra-wealthy. After all, many people only hear about them when they’re featured in a story about a high-profile divorce. In reality, I believe that every couple can benefit from a prenuptial agreement, regardless of net worth.

Another common misconception is that signing a prenup means you’re expecting that you’ll ultimately divorce. I understand where this reservation comes from. It can feel uncomfortable to ponder the worst-case scenario, especially when you’re planning one of the happiest days of your life. But I would encourage couples to think of a prenup as just one of the many financial safety nets at their disposal.

Think of it like life insurance for your marriage: you hope you’ll never need it, but it helps protect everyone involved if you do.

Why More Couples Are Saying Yes

There are many reasons why more couples are realizing that a prenup isn’t just for celebrities or the ultra-rich. Here are just a few:

Debt protection. Many younger couples are concerned about student loans or credit card debt becoming a marital liability. A prenup can help shield one spouse from the other’s liabilities.
Marrying later. People are marrying at older ages, with more assets to protect, like a house, retirement savings, or a business. Prenups can help protect existing assets.
Keeping things fair. With dual-income households becoming more common, both partners may be more likely to feel that they have something worth protecting upon entering the marriage
Protecting a stay-at-home parent. A prenup can help ensure that a stay-at-home parent who pauses their career to stay home with the kids is treated fairly if the marriage ends.
Clear ownership. A prenup can prevent the hassle of sorting through co-mingled assets later by defining what belongs to each partner upfront.

In my work, I’ve seen prenups help protect clients across many scenarios, like shielding a partner from unexpected debts due to a medical crisis, a gambling problem, or a mental health challenge. It’s not just about dividing assets; it’s about being honest and thoughtful about the responsibilities you share.

What Makes a Valid Prenup

Prenups can be highly customizable, but they generally must meet a few core requirements to hold up in court:

Voluntary: Both parties must enter the agreement willingly.
In writing: Oral agreements won’t count.
Full disclosure: Each partner must present a clear picture of their assets and liabilities at the time the prenup is created.
Fair and reasonable: In some cases, courts can toss out one-sided or exploitative terms. This is why both parties to the marriage are incentivized to be honest and reasonable upfront.

Common clauses include how property will be divided, whether spousal support may apply, and how debts will be handled. Some couples also try to add “lifestyle” clauses, like penalties for infidelity, but these aren’t enforceable everywhere. For instance, California courts usually will not even consider them, whereas in Georgia, proven infidelity can be a valid reason to deny spousal support even without a prenup that specifically penalizes it.

State-by-State Differences Matter

Prenups are contracts, and under the U.S. Constitution’s Full Faith and Credit Clause, other states generally recognize them. However, marriage and divorce laws are generally handled at the state level, and each state has different parameters regarding what will be upheld in a prenuptial agreement.

If you move to a new state, it’s wise to have a local attorney review your agreement. What’s valid in one state might be unenforceable in another. That’s why it’s essential to tailor your prenuptial agreement to your state’s laws, and revisit it if you relocate.

How to Have the Prenup Conversation

I won’t sugarcoat it: talking about a prenup with your partner can be uncomfortable. But if there’s ever a time to have an open, honest conversation about money, it’s now. Here’s how I suggest approaching the process:

Bring it up gently. Remember that a prenup discussion is really a conversation about your goals, concerns, and values. Focus on the benefits of a prenup for both partners and be sure to frame the discussion around preparation and finances, because that’s what it is.
Don’t be afraid to ask your financial advisor for help. A financial advisor can help you directly with the conversation by helping you identify the potential benefits unique to you and your partner. In addition, when the time comes for drafting, they can help you inventory your existing assets and liabilities.
Draft with legal support. An attorney can ensure your agreement is valid and appropriate for your situation and the state that you live in. If you aren’t sure who to turn to, your financial advisor should be able to point you in the right direction.
Consider online tools. Services like Hello Prenup can reduce costs while producing a solid draft to review with an attorney and your advisor.

What about postnups? A postnuptial agreement is similar, but it is signed after marriage rather than before. Couples often use them when one partner leaves the workforce, experiences a significant financial change, or simply wants to revisit their agreement. You don’t need a prenup first to get a postnup later; one can be drafted at any time. Financial advisors can add value here, from flagging tax treatment differences in retirement accounts to helping blended families with estate planning.

Final Thoughts

A prenup can be a powerful tool to help you navigate the next chapter of your journey as a couple. Your lawyer and financial advisor can be key to approaching prenups with clarity and confidence. From outlining assets to aligning long-term goals, advisors can help make sure the agreement supports both partners and how it fits into the bigger picture of your life.

If you’re ready to start the conversation or want to understand how a prenup fits into your financial plan, reach out for a complimentary consultation today so we can help you plan for your future—together.

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