Every year, engagement season arrives with a wave of joy, celebration, sparkling rings, and romantic holiday proposals. December through February is the most popular time for couples to get engaged.
With that surge comes another growing trend: smart, modern couples choosing to protect their future with a prenuptial agreement.
As a medically trained divorce attorney and mediator, I see firsthand how communication, transparency, and preparation build stronger marriages. A prenuptial agreement (“prenup”) is not a romance-killer, it is a tool for clarity, fairness, and peace of mind.
Why Engagement Season Is the Best Time to Talk About a Prenup
Holiday engagements come with excitement, planning, and dreams for the future. This is also when couples are the most aligned, cooperative, and emotionally connected. Discussing a prenup early prevents stress later and encourages the open communication necessary for a healthy marriage.
I’m happy to report prenups Are No Longer Taboo.
Here’s Why They are Surging:
- Couples are marrying later and bringing more assets (and debt) into the relationship.
- Many have children from prior relationships and want to protect them.
- Women are out-earning men at increasing rates and want financial security.
- More individuals are starting businesses, acquiring stock options, or receiving family gifts/inheritance.
- Divorce rates remain significant, and couples want clarity and protection—just in case.
I like to tell couples that today’s prenups are less about “planning for divorce” and more about creating a financial framework for marriage.
What Should Be in a Prenuptial Agreement?
I have crafted thousands of prenups. A well-crafted prenup is tailored to each couple. Here are the most important components:
1. Full Financial Disclosure
Before drafting a prenup, both partners must disclose:
- Income
- Savings and investments
- Retirement accounts
- Real estate
- Business interests
- Debt (student loans, credit cards, tax debt)
Transparency builds trust and ensures the agreement is valid.
2. Definition of Separate vs. Marital Property
This is one of the most crucial sections:
- Separate property stays separate: premarital assets, inheritances, gifts.
- Marital property is what you accumulate together.
A prenup ensures clarity and avoids complex litigation later.
3. Protection of Family Inheritance
If a partner expects:
- An inheritance
- Family business interests
- Future gifts
A prenup can ensure these remain separate and protected.
4. Business Ownership Protection
If one or both spouses own a business, the prenup should outline:
- Ownership shares
- How appreciation will be handled
- Whether the business remains separate
- Protection from the non-owner spouse controlling or claiming a portion
This is essential for entrepreneurs, professionals, and family-owned companies.
5. Spousal Support (Alimony) Terms
Couples can:
- Waive spousal support
- Set limits
- Create formulas
- Agree that support will be decided based on future conditions
Making these decisions early prevents unpredictable disputes later.
6. Debt Protection
A prenup can protect you from:
- Your partner’s student loans
- Tax liabilities
- Credit card debt
- Business or personal loans
No one wants to inherit debt they didn't create.
7. Financial Responsibilities During Marriage
Couples often include:
- How expenses will be shared
- How bank accounts will be structured
- Savings plans
- Home ownership expectations
This creates a roadmap for financial harmony.
8. How Property Will Be Divided if Divorce Occurs
This is the backbone of a prenup and can save thousands in litigation fees. Couples can decide ahead of time:
- Who keeps the house
- How retirement accounts are distributed
- How assets acquired during the marriage will be divided
9. Estate Planning & Rights Upon Death
Prenups coordinate with estate plans to protect children from prior relationships, future children, and family assets.
If you are getting engaged this holiday season and are considering a prenup, let’s talk!
With over 35 years of experience as a New York divorce attorney, mediator, and medical professional, I bring a rare combination of legal and psychological insight.
This allows me to:
- Simplify complicated financial issues
- De-escalate emotional tensions
- Craft fair agreements both partners can confidently sign
- Ensure your prenup is legally enforceable and tailored to your relationship
A prenup is about strengthening the foundation of your marriage, not preparing for its end.
If you’re about to get engaged or newly engaged and want to start your marriage with clarity, fairness, and protection, call me to schedule your free consultation 212.734.1551.
During your consultation, we will discuss:
- Whether a prenup is right for you
- What your agreement should include
- How to structure financial transparency
- Your rights, protections, and options
I look forward to speaking with you.
Warm regards,
Lois
Start your marriage with confidence, communication, and peace of mind.