What Is a Prenup and Why Should You Get One?

February 3, 2026  |  Jason C. Brown

A prenuptial agreement is a legal contract that two future spouses make with each other before getting married. Its primary purpose is to outline how assets and debts will be divided in the event the marriage ends due to divorce or the death of one spouse.

While a prenup may seem uncomfortable to discuss with your future spouse, it’s an incredibly practical tool used to protect both of your finances.

Let’s take a closer look at what prenups are, how they work, what they’re used for, and why to get one.

How Does a Prenup Work?

Generally, a prenup lists each person’s assets and debts. Assets include cash, bank accounts, retirement funds, real estate, investments, and valuable items such as cars.

• The agreement then states specific instructions for how each asset and debt should be allocated if the marriage ends.
• A prenup can cover future assets and earnings in addition to present assets.
• A prenup can also detail how expenses and debts should be allocated during the marriage, not just after it.

What Is a Prenup Used for?

A prenup protects the financial interests of both parties before a marriage is finalized. It’s useful for any couple entering marriage, not just for the wealthy.

A prenup is especially useful if one or both spouses:

• Own businesses.
• Have children from previous relationships.
• Have significant familial wealth or important heirlooms.
• Have significant debt.

A prenup isn’t just a “backup plan.” It’s an important financial planning step for couples to take before moving forward with their marriage. It ensures transparency about each party’s financial situation, provides clarity about financial values and goals, and lays the foundation for a successful financial journey together.

Reasons to Get a Prenup

There are many practical reasons to sign a prenuptial agreement with your future spouse.

1. Protect your financial interests: Getting a prenup allows you to voice your interests and concerns and protects you from unintended financial consequences. If your spouse is entering the marriage with significant debt, for example, signing a prenup can protect you from becoming liable for part of that debt if the marriage ends.
2. Protect your children’s inheritances: If you have children from previous relationships, you can use a prenup to ensure they receive everything you intend for them.
3. Protect a business: A prenup can detail what happens to a business owned by one or both parties in the event of a divorce, providing clarity and stability for the business and protecting its operations.
4. Simplify the divorce process: Divorce can be a draining and difficult process and having a prenup in place only makes things easier for everyone involved. It’s a practical step to prepare for all possible outcomes.
5. Plan for a strong financial future: Getting a prenup doesn’t mean you’re going to get divorced. Getting married involves joining together two lives that were once separate, and that’s a complex process. Taking a close look at your financial situation together and creating a plan for the future is an important step in the journey you are both embarking on.

Speak with a Prenuptial Attorney

Working with a capable prenuptial attorney is essential for creating a document that will represent your best interests and hold up in court. The family law attorneys at Barna, Guzy & Steffen can help you set up a prenuptial agreement that meets the needs of both parties and lays the foundation for a strong financial future.

Contact us today to schedule a consultation.