Prenup vs No Prenup: The Honest Pros and Cons
Marriage is about love, but divorce is about business. Without a prenuptial agreement, you are essentially signing a “State Default Contract” that you never read. Here is why you might need your own.
Avg Cost
$2,500
Prenup FeeOne-Time
Divorce Cost
$15,000+
Without PrenupRisk
Debt Shield
100%
Spouse’s LoanProtection
Your Rules vs. The State’s Rules
You already have a prenup. It’s called “State Divorce Law.” A written prenup simply allows you to opt-out of those generic rules.
| Issue | No Prenup (State Law) | With Prenup |
|---|---|---|
| Asset Division | 50/50 or “Equitable”* | Your Choice |
| Spouse’s Debt | Often Shared | Separate |
| Alimony | Judge Decides | Waived / Capped |
| Business | Spouse gets % | 100% Yours |
*Community Property States
In 9 states (CA, TX, AZ, etc.), ALL income and assets earned during marriage are automatically split 50/50 upon divorce, regardless of who earned it.
Cost of a Breakup
| Scenario | Verdict |
|---|---|
| Business Owner | Must Have |
| Unequal Wealth | Highly Rec. |
Is It Worth the Awkwardness?
Asking for a prenup is unromantic. There is no denying that. But financial resentment is the #1 cause of divorce.
✅ The Pros
- Debt Protection: If your partner has $100k in student loans or gambling debts, a prenup ensures creditors cannot come after your assets.
- Protect Children: Essential for second marriages. It ensures your assets go to your biological children, not your new spouse (if you die or divorce).
- Speed: If divorce happens, it takes months, not years. Everything is already decided.
❌ The Cons
- The “Trust” Issue: Your partner may feel you are predicting failure or don’t trust them.
- Cost: It is not free. You generally need two lawyers (one for each person) to make it valid in court. This costs $2,000 – $6,000.
- Unfairness: If negotiated poorly, one spouse could be left with nothing after 20 years.
Who Needs a Prenup? (Checklist)
If you are young and broke, you probably don’t need one. But check this list:
- You own a business: Even a small side hustle.
- You expect an inheritance: Family money needs protection.
- Income Disparity: You earn $200k, partner earns $30k.
- Debt Disparity: Partner has massive debt.
If you checked any of these, a prenup is a responsible financial decision.
Frequently Asked Questions
Can I write it myself (DIY)?
NO. Prenups are easily thrown out by judges if they don’t follow strict state rules.
Both parties usually need independent legal counsel for it to stick. Do not use a $50 template.
What about a “Post-nup”?
This is the same document, but signed after you get married.
It is harder to enforce in court than a prenup, but better than nothing.