What Are the Pros and Cons of a Prenup?

Last Updated on January 24, 2026

Prenups used to be associated with only celebrities and rich people in the past, but as people have become more aware of how prenups can be beneficial for everyone regardless of societal class, more people today, especially young people, show interest in getting a prenup before marriage.

When planning the future together, many couples find themselves weighing the pros of divorce insurance vs. prenup agreements. While both offer financial security, they serve different roles in protecting your individual interests and marital harmony.

This blog takes a closer look at the pros and cons of a prenup to help couples decide what might work best for them.

Divorce Insurance vs. Prenup

A prenup is a written legal contract that decides how the assets are divided during divorce, while divorce insurance is an insurance policy that pays out all the expenses and legal fees associated with the divorce process.

Pros of a Prenup

Getting a prenup definitely helps you protect your rights and recover your valuable assets during the divorce. Some of the important pros include:

Protects Your Individual Assets

When you draft a prenuptial agreement, you can clearly state what assets will remain separate and will not be subjected to division during a divorce. Those assets will remain only yours. Assets can be a home, investments, bank accounts, and family heirlooms.

The other spouse will be entitled to the assets that are not designated as separate. Based on community property vs equitable distribution laws varying state-wise, your spouse will get the other assets.

Secure Your Individual Businesses

Prenups allow you to protect the businesses you own or co-own; even the ones that you start after the marriage can be listed as separate property. This prevents your partner from having half ownership of your business during a divorce.

If you have partners and investors in your business, they also have more trust in the business, knowing that it will not be fragmented by divorce in the future.

Protect Your Children’s Future

You can designate your children from your current marriage as beneficiaries of certain assets when you divorce, and it is also applicable if you die as well.

A prenup also protects your children from previous marriages by listing the assets they’re entitled to after divorce, making their lives better and ensuring continued financial stability.

Avoid Debts

Debts obtained before marriage usually stay separate during divorce. You can, however, divide debts incurred during marriage as separate or joint responsibility just as you divide assets in a prenup.

One spouse doesn’t have to take responsibility for the other spouse’s debt, and they will be solely responsible for their debts, preventing disputes during divorce.

Cons of a Prenup

There is still a stigma around signing prenups, and people tend to avoid prenups due to the emotional weight it brings along with it, which is one of the main drawbacks.

Emotional Strain and Distrust

Discussing prenuptial agreements before marriage can incite a feeling of mistrust and insecurity, making the other spouse think about if you are confident or not that the marriage will last.

Negotiations during a prenup can be uncomfortable and emotionally charged, paving the way for tension and arguments.

Disrupts romance

Many people still view the prenup process as unromantic. You can feel sometimes the prenup talk is slowly disrupting your romance in the process.

Bitterness Over Time

Sometimes, if your spouse thinks the prenup agreement was unfair and you end up being the rich one with more added assets during the marriage, they can grow to be more bitter towards you.

Can Still Be Challenged in Court

In cases where a spouse was forced or coerced into signing the prenup, did not have full disclosure of assets, or had a poorly drafted prenup, and without any legal advice, it can still be challenged in court.

Conclusion

If you ever need assistance in drafting a prenup before marriage, hire a prenuptial agreement lawyer to assist you and help you decide what assets are necessary to keep.

Key Takeaways

You can designate your personal assets and individual businesses as separate, and they cannot be subjected to division during divorce.

You can protect your children, especially from previous marriages, by listing them as beneficiaries of certain assets.

Debts can be designated as separate the same way assets are listed in prenup

Cons of a prenup include the emotional strain it stirs up during prenup negotiations.

One spouse can think it’s unromantic to discuss a prenup and become bitter over time.

If a spouse was forced to sign a prenup without legal advice, it can be challenged in court during divorce.