FAQs
What is a prenup anyway?
A prenup — short for prenuptial agreement — is a legal contract that two people create before they get married
Prenups list each person’s property and outline their rights during the marriage and after it ends, whether by divorce or death.
Are Prenups only for the uber wealthy?
Prenups have a reputation for helping wealthy people protect their assets, but they can also protect one spouse from another’s debts, set up spousal support for a stay-at-home spouse, and protect an inheritance for children from previous marriages.
Why Do I need a Prenup?
A prenup can be an important first step for a couple’s estate plan. States have different laws on prenups, so it can be helpful to consult an attorney to ensure your prenup is legally valid. Prenups can prevent messy uncoupling in the future.
If you don’t have a prenup, state laws on equitable distribution determine property ownership during marriage and in the event of divorce.
Are prenups better than postnups?
The main difference between a prenup and a postnup is when they are created.
A prenuptial agreement is signed before two parties get married, and a postnuptial agreement is created after a couple is married.
Postnups can contain the same information and tend to comply with the same rules as prenups, but they’re often made in response to a life event after marriage. Such events can include the starting of a new business, an inheritance, a spouse ceasing employment or a desire to protect assets if a prenup was not done before the marriage.