Probability of Having a Prenuptial Agreement

Approximately 15% of married Americans have a prenuptial agreement, according to surveys by the American Academy of Matrimonial Lawyers. The rate has been steadily increasing, with prenuptial agreements being particularly popular among millennials: about 40% of engaged millennials report considering or having a prenup, compared to about 10% of baby boomers.

Prenuptial agreements typically address division of property, spousal support (alimony), protection of business interests, and allocation of debts. They cannot legally address child custody or child support, as these must be determined based on the child's best interest at the time of divorce. The average cost of a prenuptial agreement ranges from $1,500 to $10,000 for each party (both sides should have independent legal counsel).

Factors driving the increase in prenups include later marriage ages (meaning more accumulated assets), higher rates of dual-income couples, increasing awareness from media coverage, and the normalization of discussing finances before marriage. Research suggests that couples who discuss and negotiate prenuptial agreements may actually have better communication about finances during marriage. Courts generally uphold prenups as long as both parties had independent legal counsel, there was full financial disclosure, and the agreement was not unconscionably unfair.