- A good prenup covers property treatment, debt allocation, and spousal support at minimum.
- Financial disclosure is not optional — it's a prerequisite for enforceability.
- Governing law and severability clauses protect the agreement if you move states.
- The death provision is often overlooked but addresses what happens to property when a spouse dies.
1. Property treatment
The foundation of any prenup is clarity about property. Your agreement should specify: what counts as separate property (assets each partner owned before marriage, plus gifts and inheritances), what property will be treated as marital (shared), and how property acquired during the marriage will be classified.
The most common approaches are "each keeps separate" — where income and assets each partner earns during the marriage remain theirs individually — and a community approach, where assets acquired during the marriage are jointly owned. Neither is universally better; the right choice depends on your situation and values.
2. Debt allocation
Debt is the mirror image of assets, and it matters just as much. Your prenup should address pre-marital debt — who is responsible for student loans, credit card balances, or mortgages brought into the marriage — and marital debt, how obligations incurred during the marriage are handled.
Without explicit terms, state law governs debt allocation, and the rules vary widely. In community property states, debt incurred during marriage may be community debt regardless of which partner took it on. A prenup lets you define this clearly.
3. Spousal support terms
Spousal support — also called alimony or maintenance — is one of the most consequential provisions in a prenup. Your options include a full waiver (neither party will pay the other), state law (whatever the court would normally award), graduated tiers based on marriage length, conditional amounts tied to having children, or a lump sum.
There's no universally right answer. Couples where both partners earn similar incomes often waive support. Couples where one partner plans to leave the workforce to raise children often want protection for the lower-earning spouse. Think through the actual scenarios your marriage might face.
4. Financial disclosure acknowledgment
A prenup without full financial disclosure is a prenup waiting to be thrown out. Courts take this seriously: if one partner conceals significant assets, debts, or income, the agreement can be invalidated — even years later. Your prenup should include an acknowledgment that both partners have made full and fair disclosure of their financial circumstances, and your financial disclosure documents should be attached as an exhibit.
Disclosure doesn't require exact figures for every account. It requires good-faith, reasonably complete disclosure of your financial picture. Clause's financial disclosure tools walk you through all nine categories.
5. Governing law and severability
If you move to a different state, which state's law governs your prenup? This question matters more than most couples realize, especially because community property and equitable distribution rules vary dramatically across states. Your prenup should specify the governing law — typically the state where you're getting married or where you plan to live.
A severability clause provides that if a court strikes down any individual provision of your prenup, the rest of the agreement remains in effect. Without it, a single unenforceable clause could theoretically invalidate your entire agreement.
Bonus: death provision
Many prenups focus on divorce but neglect death. Most states give a surviving spouse an "elective share" of the deceased spouse's estate — typically one-third to one-half — regardless of what the will says. A prenup can modify or waive this right, which is important for couples with children from prior relationships or complex estate planning. Clause includes a death provision in all generated agreements.
Bonus: digital assets clause
If you or your partner holds cryptocurrency, NFTs, or other digital assets, your prenup needs specific language addressing them. State property laws weren't written for volatile, pseudonymous, globally transferable assets — and generic property clauses often leave gaps that create problems in divorce. A dedicated digital assets clause covers classification, appreciation treatment, disclosure requirements, and valuation methodology. For a complete walkthrough, see our guide to cryptocurrency and prenups.
Clause is not a law firm and this article is not legal advice. Consult a licensed family law attorney in your state to review your specific prenuptial agreement.