Some of the stigma around prenups still exists where people assume they’re reserved for the ultra‑wealthy or the suspiciously pessimistic. But in reality, a thoughtfully drafted prenuptial agreement can be beneficial for many kinds of couples. Signing a prenup is not a cynical view on the future of your marriage. In fact, it’s quite the opposite. Drafting a prenup with your fiancé shows that you each value each other’s and your own financial future, and the time and effort you each spent investing in your careers and your assets before marriage. By signing a prenup, you and your partner agree to protect each other regardless of what happens in the future. But, who benefits most from a prenup? And, can both couples benefit from a prenup? Let’s explore who tends to benefit from starting a marriage with a prenup in place and find out the answers to your questions.
Couples entering marriage with unequal assets or debt
One of the most obvious beneficiaries of a prenup is the spouse who already owns substantial assets, property, or business interests. But, let’s not forget that a spouse can benefit from being protected from their partner’s debt! Suppose you own a home, have a flourishing practice, have inherited a portfolio, or you have student loans or credit card debt. A prenup can say, in advance: “This remains mine; it won’t become subject to division or joint liability.” Without that clarity, courts in many states might classify increases in value or equity as marital, even when the foundation was your pre‑marital investment. Courts might also find premarital debt or the increased debt to become joint liability depending on the treatment of and the circumstances surrounding that debt. By defining what stays separate and what becomes shared, the prenup helps preserve what you brought in, and it protects your spouse from being saddled with your debts. This kind of foresight can make the “what ifs” of married life less fraught.
Couples with entrepreneurial or business interests
If one or both parties owns or plans to start a business, a prenup can create a firewall between the business and marital property. That doesn’t mean a court must ignore business profits or growth during marriage, but you can use a prenup to limit how much the spouse may claim, set up buyout formulas, or protect your shareholders or partners. In essence, a prenup offers structure for how to treat growth, reinvestment, or dilution of business interests, so that the business can survive turmoil rather than be forced into sale or restructuring under pressure. Many family law attorneys underscore that couples with business interests are increasingly turning to prenups to reduce conflict and uncertainty.
Blended families, second marriages, and people with children from previous relationships
Prenups are especially beneficial in blended family situations. If you’re entering a second marriage and want to ensure certain assets pass through to your children from a prior relationship, a prenup or complementary estate plan allows you to explicitly protect those inheritance intentions. Without it, your new spouse’s rights under default laws or intestacy could interfere with what you intended for your children. In such marriages, couples often use prenups to carve out legacy shares or define “marital property” differently so that both the spouse and the children from previous relationships are treated fairly. The prenup becomes a tool to manage emotional complexity with financial clarity.
Couples seeking financial transparency and communication
Even when a couple starts with similar assets or income, a prenup can spark meaningful conversations about money, values, and expectations. Before marriage, partners often have different views on spending, savings, debt, and hidden financial challenges. The process of negotiating a prenup can bring these issues into light fostering trust and reducing misunderstandings later. Some couples find that by mapping out how assets and debts will be handled, they reduce the anxiety or conflict that might otherwise arise if one spouse is more prudent or conservative financially. In that sense, the prenup benefits both partners by setting mutual rules rather than leaving everything to judicial discretion.
People planning for future changes and “what‑ifs”
Life is unpredictable. Careers shifts, business ventures grow, inheritance is received, health becomes challenging, and relocations pop up out of nowhere. All of these common changes significantly impact one’s financial landscape. A prenup allows couples to build in flexibility by allocating how future gains, new properties, or windfalls should be treated. You might provide formulas for dividing future investments, define how future real estate should be handled, or allow rebalancing provisions if one spouse takes on major risk. In this way, even relatively “ordinary” couples benefit. The prenup isn’t just a contract about existing assets, but a dynamic tool that anticipates the unpredictability of married life.
Courts, attorneys, and the system benefit too
While the focus is often on how couples benefit, prenups also have utility for the legal system and attorneys. For courts, a well‑drafted prenup offers clarity, reduces contested disputes, and creates predictability. For attorneys, representing parties in prenup discussions can lead to better client outcomes, lower conflict divorces, and more efficient resolution of property claims. A solid prenup also helps future estate planning, as one spouse’s rights or waivers become known and can be integrated into wills, trusts, or retirement planning. In this sense, the prenup benefits your legal “architecture” long term.
A prenup must be strong to be beneficial
The benefit of a prenup is not automatic. Its enforceability and strength depend on how well it’s drafted and whether it meets legal and fairness standards. A prenup benefits the parties only when:
- Each party signs voluntarily, without coercion or duress
- Full financial disclosure is provided by both parties
- The terms are fair and not grossly one‑sided (i.e. unconscionable)
- Each party has a chance to review the agreement (ideally with independent legal counsel)
- Execution formalities including signatures, witnessing, and notarization are satisfied according to state laws
- The agreement does not violate public policy (i.e., language that predetermines child support or custody)
When a prenup meets these conditions, it’s robust. But if one of those pillars is weak, the agreement can be challenged, and then its benefits may unravel.
Final thoughts who benefits from a prenuptial agreement
At the end of the day, a prenup is an intentional tool you and your future spouse can use to establish financial transparency in your relationship and to protect your financial future. It’s a way for couples to enter marriage with clarity, mutual respect, and a shared understanding of how they want to navigate the financial side of their relationship. Whether you’re protecting a business, planning for children from a previous marriage, or simply looking to define your future on your own terms, a prenup can serve as a thoughtful blueprint. Far from being cold or transactional, it’s often one of the most collaborative and forward-thinking steps a couple can take. Because when you strip away the stigma, what you’re left with is a document designed to support love, not undermine it.
AJ Skogerson is a lawyer, Collaborative Professional, mediator, educator, and consultant. She loves laughter, big ideas and any kind of adventure, big or small. She has practiced primarily in the area of family law since 2003.
In 2017, AJ combined forces with Attorney Andrea McGinn to co-found The Law Shop – Iowa’s first private practice law firm providing unbundled legal services to all clients. The Law Shop has quickly become an international leader in proving that offering high quality legal assistance on a limited scope basis increases access to justice for all while vastly improving the well-being of lawyers in a multitude of ways. As of early 2025, The Law Shop community has grown to also include Law Shops in Minnesota, Alabama, and Arkansas. The Law Shop has been featured in The Iowa Lawyer, the Illinois Bar Journal, and the American Bar Association (ABA) Journal among other publications. AJ and Andrea are also contributing authors to the ABA book “Design Your Law Practice: Using Design Thinking to Get Next Level Results.”
Although licensed in both Iowa and Idaho, AJ currently works primarily on legal matters in the State of Iowa. She also serves on the Board of Directors for the International Academy of Collaborative Professionals as well as the Five Fires Foundation.
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