Substitute for a will/estate plan (it complements one)
Protect expected inheritances & kids from prior marriages
Survive bad process — no lawyers, no disclosure, signed under pressure = voidable
The prenup question is really a portfolio question: everyone marrying under state law already has a divorce agreement — the state's default property and alimony rules — and a prenuptial agreement simply replaces that default with terms you both chose. Whether that's worth $1,500–8,000 of lawyering depends on identifiable factors (businesses, prior-marriage children, premarital wealth, debt asymmetry), which is exactly what this analyzer scores. It also carries the two tables people need before the awkward conversation: what prenups can and cannot do, and the process rules that decide enforceability.
Who Actually Needs One
Business owners — the strongest case: without a prenup, marital-era growth in your company is divisible, meaning a divorce can force valuation wars, buyouts or sale of the business itself. A prenup fences it cleanly.
Parents remarrying: state elective-share laws let a surviving spouse claim a third-to-half of an estate regardless of a will — a prenup waiving elective share is how children from a first marriage actually stay protected (paired with the estate plan — see the Estate Planning tool).
Asymmetries: significant premarital assets whose growth would otherwise blend into the marital estate; expected inheritances (protected by default but constantly lost to commingling); one-sided debt loads.
Skippable: young couples with parallel incomes, no businesses, no kids, no wealth on the horizon — the state default IS roughly what they'd write.
Enforceability: Process Beats Content
Courts void prenups for bad process far more than bad terms. The checklist: independent counsel for each side (one lawyer "for the couple" is a voiding factor), complete written financial disclosure by both (hidden assets void the whole document), signing well before the wedding (the "presented at the rehearsal dinner" prenup is litigation bait), and terms a judge won't call unconscionable — a spouse-left-destitute agreement fails even if signed happily. Sunset clauses (terms soften or expire after 10–20 years) are increasingly common and make both the negotiation and the marriage easier.
How to Use the Analyzer
Check your factors and read the score and cost range.
If it says consult: the conversation with your partner comes before the lawyers — frame it as writing your own rules instead of the legislature's.
Start 4–6 months before the wedding; the calendar is an enforceability input.
Frequently Asked Questions
Doesn't asking for a prenup signal distrust?
The reframe that works: you're already agreeing to a contract (state divorce law) written by legislators who've never met you — the prenup is choosing your own terms together. Couples who complete the disclosure process routinely report it as valuable financial transparency; the fights it surfaces were coming anyway.
Can a prenup waive alimony entirely?
In most states yes, within limits — courts override waivers that would leave a spouse near-destitute or on public assistance, and some states review fairness at ENFORCEMENT time, not just signing. Partial structures (capped, duration-limited, or sunset-clause alimony) enforce more reliably than total waivers.
What happens without one if we divorce?
State default: marital property split 50/50 or equitably, alimony by formula/factors, your premarital and inherited assets protected ONLY if never commingled. The Asset Split tool shows that machinery — a prenup is just editing it in advance.
Are postnups (after the wedding) valid?
Generally yes with the same process rules, though courts scrutinize them harder (the leverage inside a marriage differs). Common triggers: a business launch, an inheritance landing, or reconciliation terms. Better late than litigated.
Will a court really throw out a signed prenup?
Regularly — for no independent counsel, incomplete disclosure, wedding-week signing, or unconscionable terms. Follow the process checklist and enforcement rates are high; skip it and you bought expensive paper.
What does the process actually cost and take?
Simple asset-fencing: $1,000-2,500 per side, 4-8 weeks including disclosure. Businesses, trusts, international assets: $5,000-15,000+ and months. The disclosure spreadsheet is most of the work — arrive with a Net Worth statement done.
Is my information private?
Yes — the checklist scores locally in your browser and is never transmitted.
Score the factors, have the conversation early, insist on the boring process rules, and consider the sunset clause. A prenup is estate planning for the living — the couples who write one almost never regret the disclosure exercise, whatever the document ends up saying.