Prenuptial Agreement Calculator
Analyze the financial case for a prenuptial agreement. See what assets are at risk without one, estimate prenup costs, and calculate the potential ROI of protecting your wealth.
Understanding Prenuptial Agreements
A prenuptial agreement (prenup) is a legally binding contract entered into before marriage that defines how assets, debts, and financial matters will be handled in the event of divorce. While often associated with the wealthy, prenups are increasingly common among couples of all income levels, particularly those with significant pre-marital assets, business interests, or previous marriages.
The cost of a prenup typically ranges from $1,500 for a simple agreement to $10,000 or more for complex situations involving business interests, multiple properties, or trust structures. Each party should have their own attorney review the agreement to ensure enforceability. While this upfront cost may seem significant, it pales in comparison to the potential financial exposure in a divorce without one.
What a Prenup Protects
A properly drafted prenup can protect pre-marital assets from division, keep business interests separate, define how future income and investments are classified, protect one party from the other's debts, establish spousal support terms in advance, and protect inheritance rights. Without a prenup, these matters are governed entirely by state law, which may not align with your wishes or expectations.
When a Prenup Makes Financial Sense
The financial case for a prenup becomes compelling when there is a significant disparity in assets or income, one or both parties own a business, there are children from previous relationships, one party is taking on the other's debt, or significant inheritance is expected. The ROI calculation is straightforward: compare the cost of the prenup (typically $2,000-$10,000) against the potential financial exposure in a divorce without one (potentially hundreds of thousands or millions of dollars).
Frequently Asked Questions
Can a prenup be invalidated?
Yes, prenups can be invalidated if they were signed under duress or coercion, if one party did not fully disclose their finances, if the agreement is unconscionably one-sided, if it was signed too close to the wedding without adequate time for review, or if proper legal representation was not available. Having each party represented by separate attorneys significantly reduces invalidation risk.
Can a prenup address custody?
No. Prenups cannot determine child custody or child support arrangements. Courts always retain jurisdiction over matters affecting children and will decide custody based on the child's best interests at the time, regardless of what any prenuptial agreement says.
How long before the wedding should I get a prenup?
Ideally, prenup discussions should begin 3-6 months before the wedding. This allows sufficient time for disclosure, negotiation, attorney review, and revisions without creating the appearance of last-minute pressure. Agreements signed within days of the wedding are more vulnerable to claims of duress.