Marriage will eventually come to an end either through divorce or the death of a spouse. A prenuptial agreement can play an important role in both circumstances, as it may waive certain statutory rights to which a surviving spouse would otherwise be entitled under state law, such as claims to a share of the estate. While these provisions can have a significant impact in estate planning, this article focuses on divorce.
Prenuptial agreements, commonly known as “prenups,” may not top the list of romantic wedding to-dos, but they play an important role in protecting each spouse’s interests. While often associated with high-net-worth individuals, prenups can benefit couples at all income and asset levels. In fact, more couples are choosing to put a prenup in place than ever before[1], reflecting a practical mindset and a desire to plan for the unexpected, even in the midst of the excitement of planning for the wedding.
What is a Prenup?
A prenuptial agreement is a legally enforceable contract made by two people before marriage which defines each person’s rights and obligations, particularly regarding personal and jointly-owned assets. The prenuptial agreement should be made well in advance of the wedding and each spouse should engage separate counsel to review it. It is strongly advised that each spouse retain their own counsel when creating a prenuptial agreement to ensure both parties are fully informed and protected. Legal representation for each individual strengthens the agreement; a party in a divorce cannot credibly deny having not understood their legal rights being waived if he or she had legal counsel.
While prenups are often associated with the wealthy, the reality is the more one’s net worth grows, the more critical it becomes to clarify ownership and protect assets in case of divorce. Prenups can also help define and separate expected inherited assets from becoming marital assets. Prenuptial agreements offer meaningful benefits to couples at any income level, making them an essential estate planning tool.
Nine Benefits of a Prenuptial Agreement:
- Financial Clarity
A prenup allows couples to be transparent about their financial situations and clearly outline their expectations for the future. By addressing these issues upfront, couples can reduce misunderstandings and disputes which may arise later and engage in honest conversations about money before marriage. This clarity can provide peace of mind and enable couples to focus on the emotional aspects of their relationship without the cloud of financial uncertainty hanging over them. - Protection of Separate Property
One of the most contentious areas of divorce is the division of assets and debts. Although couples often enter marriage with a “what is mine is yours and what is yours is mine” mindset, this view usually changes when the subject of divorce is being discussed.
Individuals often enter into marriage owning assets they would prefer not to be subject to division in the case of divorce, such as real estate, investments or inheritance. A prenuptial agreement can protect these assets by specifying which property remains separate and which becomes marital property to be divided. This specifically ensures the pre-marital and inherited assets are safeguarded in the event of divorce, preventing potential disputes over their division. - Safeguarding Family Business Interests
If a spouse owns an interest in a business or investment property with his or her parents or other relatives prior to the marriage, a prenuptial agreement can help safeguard these interests by clearly defining ownership and what happens in the event of a divorce. A well-drafted prenuptial agreement can preserve business continuity, minimize conflict, and keep such assets within the original family instead of subjecting them to division as a result of divorce. - Alimony and Spousal Support
A prenuptial agreement can establish clear terms for spousal support or alimony, offering financial clarity and protection which may be important for a spouse who may earn less or be financially dependent. Although a prenup cannot establish a fixed amount, it can outline how support will be calculated, such as basing it on income from employment or business rather than passive income. - Protection from Debt
Marriage often involves combining finances, but it can also mean taking on each other’s debt. If one spouse enters the marriage with significant credit card balances or other loans, a prenuptial agreement can establish who owes what. Without a prenup, one spouse could end up legally responsible for debt incurred by the other spouse. - Efficient Resolution in Case of Divorce
No one gets married expecting to divorce, but preparing for every possibility is a smart move. A prenuptial agreement can help reduce the emotional and financial stress of divorce by clearly outlining what is classified as marital property and how it should be divided. With key decisions already agreed upon, the process can be faster, more predictable and less expensive. In contested divorces, spouses often spend a fortune fighting over how gifted and inherited assets should be divided.
In Massachusetts, marital property is divided either through a mutual agreement between spouses or by a judge under the principle of equitable distribution, which seeks a fair (though not necessarily equal) division of assets. - Protecting Family Interests
If either spouse has children from a previous relationship, a prenuptial agreement can be an effective way to protect those children’s financial interests. It can allow both parties to clearly outline how assets will be divided, helping to preserve specific property for the children from a prior relationship and avoid unintended outcomes. This kind of clarity is especially important in blended families, where thoughtful planning can prevent future disputes and confusion.
The estate planning attorneys in our firm often work with a client’s family law attorney prior to a wedding to ensure the rights and responsibilities outlined in the prenuptial agreement, upon the death of a spouse, will be incorporated into the estate plan. This collaboration is critical if either spouse has children from a prior union; clarity on what the new spouse is entitled to receive can avoid years of expensive estate litigation. - Encouraging Open Communication
Creating a prenuptial agreement involves open, honest conversations between spouses, especially around finances. It naturally leads to discussions about things like tax filing choices, credit habits and long-term financial goals. These conversations can help couples start their marriage with a solid understanding of each other’s values and priorities.
Talking through current finances and future plans allows an engaged couple to learn more about one another’s aspirations, align goals and approach marriage as a team. Prenups are not just about protecting assets; they also create an opportunity for transparency, collaboration, and meaningful conversations that strengthen a relationship from the start. - Peace of Mind
One of the greatest benefits of a prenuptial agreement is the peace of mind it can bring. With clear expectations and protections in place, couples can enter marriage feeling more secure and focused on their future. It reduces uncertainty and can strengthen the relationship by removing financial guesswork.
Prenups are especially helpful when there is an income gap between spouses or when one spouse plans to pause his or her career to raise children or handle additional other family obligations. By clarifying what is considered marital versus separate property, shielding business interests and retirement funds, and protecting children’s inheritances; a prenup offers long-term financial stability for both parties.
Conclusion
A prenuptial agreement should not signify lack of trust between partners, but rather is a smart, forward-thinking way to strengthen a relationship. Prenups are not just about protecting assets, they are about creating clarity, encouraging honest communication and giving both spouses and their extended families peace of mind. Even for young couples just starting to accumulate wealth, a prenup can be a practical and empowering tool to help protect your future and support a healthier, more transparent partnership.
Our attorneys are happy to meet with you to discuss establishing a prenuptial agreement. Learn more about prenuptial and postnuptial agreements.
Attorney Taylor Ferrara is an attorney in our Private Client Services practice. She focuses her practice on a wide variety of planning services including trust and estates, asset protection and tax planning strategies. Learn more about Taylor.
This article is not legal advice and should not be taken as such or relied upon as legal advice.
[1] Dalvin Brown, Inside Complex, Petty Prenups of the Super Wealthy’s Mergers, The Wall Street Journal (June 25, 2025)