The Rising Tide of Prenuptial Agreements: Why Modern Couples Are Saying “I Do” to Prenups

Gone are the days when prenuptial agreements were reserved exclusively for the ultra-wealthy or celebrities with millions to protect. In 2025, prenups have become a mainstream financial planning tool that couples across all income levels are embracing as they prepare to walk down the aisle. The cultural shift is unmistakable, and the statistics tell a compelling story about how younger generations are approaching marriage with both romance and pragmatism.

A Dramatic Shift in Attitudes

The transformation in how Americans view prenuptial agreements has been nothing short of remarkable. According to recent survey data, half of U.S. adults now support the use of prenups—a significant increase from 42% just one year prior. Even more striking is the generational divide: over 40% of engaged or previously married Gen Z and Millennial couples have opted for these agreements, compared to only 15% of the overall population.

“We’re seeing a shift in how younger generations approach marriage and finances,” explains Nicole Miller, Chief Legal Officer of LegalZoom. “Prenups are no longer just for the wealthy. They’re becoming a smart financial planning tool for couples of all backgrounds.”

This isn’t just anecdotal. Companies like HelloPrenup report doing 25 times more prenuptial agreements than they did just a few years ago, with 52% of their customers being women who initiate the process. The narrative that prenups benefit only wealthy grooms is rapidly becoming outdated.

Why the Surge?

Several factors are driving this unprecedented interest in prenuptial agreements among modern couples:

Later Marriages, More Assets: Americans are getting married later in life, often after they’ve already accumulated individual assets, purchased property, started businesses, or taken on significant debt. When you’re marrying at 35 rather than 25, you simply have more financial history to consider and protect.

The Great Wealth Transfer: With trillions of dollars expected to change hands through inheritances in the coming decades, young people are increasingly aware of the need to protect these assets. According to HelloPrenup’s data, approximately 75% of their customers expect to receive inheritances ranging from $1 to $1.5 million, and nearly 90% of them choose to keep those inheritances separate within their marriages.

Economic Trauma: Having lived through both the Great Recession and the COVID-19 pandemic, younger generations have witnessed firsthand how quickly financial circumstances can change. This experience has made them more pragmatic about financial planning and more comfortable having difficult conversations about money before marriage.

Gender Dynamics: The traditional notion that prenups primarily protect male breadwinners is being turned on its head. With women increasingly becoming primary earners and closing the wage gap, they’re taking the initiative to protect their own financial futures. The data shows women now initiate more than half of all prenups, debunking the myth that only wealthy men benefit from these agreements.

Celebrity Lessons: When Prenups Work and When They Don’t

High-profile divorces continue to offer cautionary tales about the importance of prenuptial planning. When Jennifer Lopez and Ben Affleck rekindled their romance and married in 2022, they reportedly chose not to sign a prenuptial agreement despite their combined net worth of $550 million. Their subsequent divorce filing in 2024 raised questions about asset division that could have been clearly addressed beforehand.

Similarly, Jeff Bezos’s divorce from MacKenzie Scott stands as one of the most expensive in history precisely because they lacked a prenuptial agreement. Scott received 25% of Amazon’s stock—a settlement that highlighted the potential financial consequences of not planning ahead.

On the flip side, reality star Porsha Williams’s prenup with Simon Guobadia was reportedly enforced as written when their marriage ended, granting her $40,000 in monthly alimony and allowing her to keep her pre-marital home and luxury gifts. When properly drafted and executed, prenups work exactly as intended.

What Makes a Prenup Enforceable?

Not all prenuptial agreements are created equal, and recent court decisions have made clear what it takes for these documents to hold up under legal scrutiny. A recent 2025 New York Supreme Court decision in the case of JM v. GV has raised the bar for what constitutes a valid waiver of spousal support.

Justice Jeffrey S. Sunshine ruled that waivers must be “knowing and concrete,” meaning couples must include actual income figures and specific calculations based on state formulas at the time of signing. Generic acknowledgments are no longer sufficient. The court partially invalidated a prenup where the husband had no legal representation and couldn’t demonstrate he truly understood what rights he was waiving.

Key factors that determine whether a prenup will be enforced include:

Full Financial Disclosure: Both parties must provide complete and accurate information about their assets and liabilities. Hiding assets or providing incomplete disclosures can render the entire agreement invalid.

Fairness and Equity: Courts increasingly scrutinize prenups to ensure they’re not unconscionably one-sided. Massachusetts courts, for example, use a “two-look” test examining whether agreements were fair at execution and remain conscionable at enforcement.

Proper Timing: Rushing a prenup close to the wedding date can create problems. Agreements signed under duress or time pressure may be challenged as coerced. Legal experts recommend starting the conversation months before the wedding.

Independent Legal Representation: While not always required by law, having separate attorneys for each party significantly strengthens the agreement’s enforceability.

Beyond Wealthy Couples: Prenups for Everyone

Contrary to popular belief, you don’t need to be a millionaire to benefit from a prenuptial agreement. According to attorney Janene Oleaga, most of her clients “are not wealthy. They are hard-working individuals who are marrying a little later than their peers who may or may not be expecting an inheritance, and have accumulated premarital assets along with life experience.”

Modern prenups address a wide range of concerns beyond simple asset protection. They can specify how married couples will handle:

• Earnings and income during marriage
• Future real estate purchases and who contributes to down payments
• Business interests acquired before or during the marriage
• How inheritances will be treated
• Student debt and other pre-existing liabilities
• Spousal support arrangements

For stay-at-home parents, prenups can actually provide crucial financial protection by recognizing non-financial contributions to the household. A well-drafted agreement can ensure that the sacrifices made for childcare and household management are valued appropriately in the event of divorce, rather than leaving these matters to potentially unfavorable state default laws.

The Uncomfortable Conversation That Strengthens Marriages

Perhaps the greatest benefit of prenuptial agreements isn’t what they accomplish in the event of divorce, but rather the conversations they force couples to have before marriage. Financial disagreements are among the leading causes of marital conflict, and discussing money matters upfront can reveal important differences in values, expectations, and financial habits.

“I encourage people to start talking about it as early as possible so that it doesn’t feel like it’s this icky, taboo, non-romantic thing,” says Williams, founder and CEO of Future Wallet. The process of creating a prenup requires transparency and honesty—qualities that strengthen any relationship.

Modern prenup services have made the process more accessible and affordable. While traditional prenups could cost thousands of dollars in attorney fees, online platforms like HelloPrenup charge flat fees around $599, making them accessible to middle-class couples. As demand continues to grow, services are expanding to additional states, recognizing that half of American couples now live in areas where these services are readily available.

Taking Control of Your Financial Future

The rising popularity of prenuptial agreements reflects a broader cultural shift toward financial empowerment and transparency in relationships. Rather than viewing prenups as pessimistic or unromantic, modern couples see them as responsible planning that demonstrates maturity and mutual respect.

As family law experts point out, if you don’t create your own prenuptial agreement, your state’s divorce laws act as your agreement instead. Taking control of these decisions while you’re united in love and partnership—rather than leaving them to be determined during the emotional turmoil of a potential divorce—simply makes sense.

For couples in California’s Silicon Valley and throughout the San Francisco Bay Area, where tech wealth, startup equity, and real estate appreciation create complex financial situations, prenuptial planning has become especially important. Whether you’re a young professional with student loans and career aspirations, an entrepreneur protecting business interests, or someone expecting a family inheritance, working with skilled prenuptial agreement attorneys serving in San Jose can help ensure your financial future is secure while you focus on building a strong, lasting marriage.