2024 Prenup Report:
Public Opinion, Misconceptions, and Motivations
Last Updated: February 03, 2025
Key Takeaways:
- 85% of respondents who’ve been married reported they’ve never signed a prenup.
- 56% of the respondents who signed a prenup reported a previous marriage.
- Although 64% believe prenups are for all income levels, 75% of those with prenups reported that the higher-net-worth partner brought up the idea.
- 82% of men stated they initiated the prenup, compared to 60% of women.
- 81% agreed that more education surrounding prenups is needed.
Marriage is often viewed as a lifelong commitment, but reality tells a different story: a significant number of marriages do not last until death do us part.
In the United States, divorce rates remain high. According to Forbes, about 43% of first marriages end in dissolution. This reality has prompted questions about how couples can prepare for the future — especially financially.
Prenuptial Agreements, once rare and viewed as an indicator of mistrust, are now gaining popularity.
A 2022 survey by Harris Poll found that 15% of married or engaged respondents had signed a prenup, up from just 3% in 2010. This trend suggests that couples increasingly view these documents as practical tools rather than symbols of anticipated marital failure.
But what exactly do people think about prenups, and what motivates them to create one? To gain insight, we surveyed 547 participants to understand their perspectives and knowledge surrounding Prenuptial Agreements.
What exactly is a prenup?
A Prenuptial Agreement establishes asset and debt ownership. It defines separate or jointly-owned assets and debts in case of separation, divorce, or the death of one spouse.
By outlining this information, spouses can prevent disputes if their marriage deteriorates and protect their separately owned property, such as vehicles, real estate, and investments. By using a prenup, couples control how to split things in advance rather than relying on state laws.
Importantly, prenups cannot be created after marriage — only a Postnuptial Agreement can serve that purpose. Also, prenups cannot legally dictate terms such as child custody or support, as those are determined in a Separation Agreement or by a court with the child’s best interests in mind.
Why are prenups taboo?
Prenups are often seen as taboo because they force couples to consider the possibility of divorce before even walking down the aisle. This thought can feel uncomfortable, as it challenges the idea of marriage as a lifelong commitment.
By discussing finances and 'what if' scenarios, prenups require partners to confront the potential for relationship breakdown, which some feel introduces doubt or undermines the romantic nature of marriage.
LawDepot spoke to Christina Previte, founder and managing attorney at WOLF Esquires LLC. Previte gave her opinion on why many people don’t use prenups.
“I think the major reason prenups are underused is for one reason: couples avoid hard conversations. It's not easy to talk about. And when the love blinders are on, no one wants to bring up a difficult topic.”
To delve into this topic further, we asked our survey respondents about their comfort level when talking about potentially breaking up. We asked survey respondents, “On a scale of zero to ten, zero meaning quite uncomfortable and ten meaning comfortable talking about anything, how comfortable are you discussing the possibility of your relationship ending with your partner?”
The average number was seven. This finding was consistent among respondents aged 35 to 64. However, the average number for those ages 25 to 34 and over 65 was six, signifying a slight difference in comfort level for these age groups.
The average comfort level of seven indicates that many individuals are willing to acknowledge that some relationships end. Rather than seeing this as pessimistic, some people may now view discussions around relationship security, including prenups, as practical and necessary.
How many people have prenups?
Of those who have been married, 85% reported never having signed a prenup, indicating that many couples choose not to use prenups.
In contrast, 15% of those who’ve been married have signed Prenuptial Agreements, with only a small subset — four individuals — having signed more than one.
According to our findings, prior marital experiences appear to influence the likelihood of signing a prenup in subsequent marriages. 56% of the respondents who signed a prenup reported they had a previous marriage.
Feelings towards prenups
In this section, let’s discuss our respondents' general attitudes and opinions towards Prenuptial Agreements.
Are prenups good or bad?
To understand general attitudes toward prenups, we asked respondents to rate their views on a scale from zero to ten, with zero representing negative and ten representing positive.
What’s interesting is that people who have signed prenups tended to answer a bit differently than those who hadn’t. Those who have signed a prenup gave an average rating of eight. Those who hadn't gave an average rating of six.
This difference in rating suggests that exposure to the process and benefits of a prenup may lead to a better understanding and appreciation of its value. It could also imply that preconceived notions or misinformation about prenups contribute to the more neutral or less favorable view among those without experience.
Are people open to signing a prenup?
To gauge openness toward prenups, we asked respondents who haven’t signed one if they would ever sign one. 69% of respondents said yes.
Examining how different age groups answered whether they would ever sign a prenup unveiled some interesting numbers. The age range that reported being the most open to the idea was 35 to 54. More specifically, 82% of those ages 35 to 44 and 79% of those 45 to 54 said they would be comfortable with signing a prenup.
In contrast, 23% of respondents expressed they would never sign a prenup. Our oldest age group, those over 65, were the most likely to answer this way. 27% of this group said they would be uncomfortable asking a partner or being asked to sign one.
Another 7% were undecided, with some saying that discussing prenups might imply a lack of confidence in the relationship. One respondent was “uneasy about the presumptions for failure of the relationship exhibited by a prenup.”
What emotions arise with prenups?
For those who have created and signed a prenup, we asked how the experience made them feel. A majority of respondents agreed or strongly agreed that they felt positive feelings when creating and signing their prenup:
- 90% felt responsible
- 74% felt in control
- 64% felt respected
- 64% felt connected
- 62% felt loved
Generally, negative emotions were less prominent among respondents who had gone through the prenup process. An average of 72% of these respondents disagreed or strongly disagreed that they felt doubtful of their marriage, resentful, embarrassed, or pressured through the process.
We also wanted to explore whether prenups offend some people. Among those who have created one, 77% reported not feeling offended when creating and signing the contract. 8% strongly agreed that they felt offended and 15% felt neutral.
Among our respondents who have never created one, 53% said they don’t think they’d feel offended.
Do people regret not signing a prenup?
Among married respondents, 29% reported regretting not signing a prenup, highlighting a sense of missed opportunity or a desire for greater financial clarity.
Women tended to regret not having a prenup at a higher rate than men. 26% of men who have been married reported being regretful about not signing one, whereas 33% of women reported being regretful about not signing a prenup.
When it comes to income level, those who make $50,000 to $99,000 reported being regretful about not signing a prenup at a higher rate than any other income group. 41% of this group were regretful, while 17% of those making over $100,000 reported being regretful.
Conversely, 71% of married individuals reported no regrets about marrying without a prenup, which suggests that, for many, the decision to forgo a prenup has not led to any significant financial or emotional concerns.
Notably, older respondents reported having no regrets about forgoing a prenup more than younger respondents:
- 76% of those over 65 years old had no regrets
- 58% of those ages 55 to 64 had no regrets
- 56% of those ages 45 to 54 had no regrets
- 45% of those ages 35 to 44 had no regrets
- 22% of those ages 25 to 34 had no regrets
Are prenups mostly for the wealthy?
Some people wrongly think that prenups are only for the wealthy. It’s hard to pinpoint exactly why they have this misconception, but it might be because pop culture commonly associates these contracts with high-net-worth celebrities and individuals.
LawDepot talked to Janene Oleaga, founder and attorney at Oleaga Law LLC. Oleaga spoke about her experience creating Prenuptial Agreements with clients.
“Most of my 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.
They want to position themselves in a manner that protects what is most important to them in the event of divorce, while also setting themselves up for a successful marriage by determining in their prenup how money and assets will be treated.”
Prenuptial Agreements are not only for financially wealthy people, but we still wanted to ask our respondents what they think. According to our findings, the majority of our respondentsagree.
64% of respondents feel that prenups are suitable for everyone, regardless of wealth. 10% of respondents think prenups are for cases where both spouses are wealthy, and 18% believe they are beneficial when one spouse has significantly more wealth than the other. A small percentage remained unsure.
Men and women tended to agree for the most part. The biggest difference is that 66% of women said that prenups are for everyone compared to 60% of men. Additionally, 20% of men said that prenups are for when one spouse has wealth and the other does not, compared to 17% of women.
However, even though 64% of respondents think prenups are for everyone, respondents with a higher net worth than their spouses tended to drive the decision to create a prenup more actively than those with similar financial standings to their partners.
Among respondents with a higher net worth than their spouse:
- 71% reported being the more motivated party in bringing up the prenup
- 29% who said both spouses were equally motivated
In contrast, when both spouses reported similar net worths, 70% said they were equally motivated to establish a prenup. This suggests disparity may lead the wealthier spouse to advocate more strongly for one.
Respondents with higher net worths were also the ones most likely to introduce the idea of a prenup — 75% reported that they brought up the conversation. Meanwhile, 70% of respondents whose net worth was approximately equal to their partner’s said that both spouses were equally motivated in creating the agreement.
Initiating and negotiating prenups
Now, let’s dive into the insights our respondents shared about initiating and negotiating Prenuptial Agreements.
Our findings reveal distinct trends between men and women regarding who raises the topic. Unfortunately, we did not have enough non-binary or transgender respondents to report detailed findings about these groups.
Asking for a prenup vs. being asked
Among the respondents who have created a prenup, 59% reported that one partner was more motivated to initiate it, whereas 41% of respondents felt that both partners were equally motivated.
Of those who have signed a prenup, 82% of men stated they initiated the conversation, compared to 60% of women. Our respondents mentioned that parents, family members, friends, financial advisors, and adult children also brought up the idea with them.
As previously covered, one common concern around prenups is that discussing them could be perceived as a sign of distrust or lack of faith in the relationship. Despite this concern, those who reported having never signed a prenup responded in the following way:
- 75% indicated they would feel comfortable either asking or being asked to sign one.
- 25% expressed that they would be willing to consider a prenup if asked but would be uncomfortable initiating the request themselves.
These numbers indicate that while prenups are becoming more accepted, initiating the discussion may still present an emotional barrier for some people.
Examining what men and women said about initiating prenup also provided some interesting insights.
- 24% of men said they wouldn't be comfortable asking or signing a prenup compared to 20% of women.
- 18% of women would be fine signing but not initiating, compared to only 12% of men.
When asked if they would ever sign a prenup, 7% of respondents couldn’t answer yes or no, and instead chose “Other.” Of these respondents, one male said, 'If I did not trust the other person, I would not marry them, so a prenup is unneeded.'
Negotiating a prenup
Once a prenup discussion is underway, the level of negotiation involved can vary widely. We asked respondents who had created a prenup to rate the amount of negotiation on a scale from zero (none) to ten (extensive).
The average response was a three, suggesting that most couples did not intensely negotiate when finalizing their agreements. A low amount of negotiating may reflect a shared understanding of financial expectations or a pattern of avoiding conflict when discussing sensitive financial matters.
Motivating factors
As part of our survey, we asked what motivates people to create a prenup. Our respondents’ responses show diverse concerns ranging from family and legacy planning to financial security and asset protection.
| Percentage of respondents | Motivating Factor |
| 54% | Protect inheritances for children from previous relationships |
| 52% | Clarify financial expectations |
| 50% | Protect real estate |
| 48% | Protect valuable assets |
| 32% | Safeguard a business |
| 29% | Address potential alimony/spousal support |
| 19% | Address pet custody |
| 13% | Other |
According to our findings, one of the most significant motivators is the desire to protect inheritances meant for children from previous relationships or marriages. People prioritize securing family assets and ensuring financial benefits stay within specific family lines.
The need to clarify financial expectations — such as distinctions between joint and separate bank accounts — was also high on the list. This finding underscores how important it is for couples to define financial boundaries and agreements that can prevent future conflicts or misunderstandings.
To further understand motivation, we asked respondents to imagine they got married without signing a prenup. On a scale from zero to ten, we asked them how satisfied they’d be with how their state government would divide their marital assets upon divorce. Zero represented not satisfied, and ten represented very satisfied.
The average response was four, signifying that our respondents may be motivated to use a prenup to retain more control over their assets and not leave decisions entirely to their state government. Despite the majority of respondents clearly not being satisfied with the state dividing up their assets, 89% have never signed a prenup.
Reviewing prenups and hiring lawyers
Next, let’s look at what people think about reviewing and hiring legal help for their prenup.
How much is enough time to review and negotiate a prenup?
Our survey respondents had varied opinions on how much time is ample to review a prenup before signing:
- 5% said 24 hours
- 14% said 48 hours
- 37% said 7 days
- 20% said 14 days
- 15% said more than 14 days
- 9% said other
While specific timelines ranged from 24 hours to over 14 days, one respondent pointed out that signing under pressure should be avoided at all costs. They referenced California’s mandatory seven-day rule, which requires a minimum of seven days between first viewing and signing a prenup. This law helps people not make rushed decisions, even if the prenup is introduced close to the wedding day.
Each state has its own laws, so it’s vital that you investigate the ones that apply in your state. California’s seven-day rule is not the norm. It’s important to check your state’s laws that pertain to prenups because if you don’t follow the rules but still execute your prenup, a court may find it unenforceable.
Understanding prenup terms
Our survey responses reveal that many people are uncertain about fully understanding prenup terms without legal assistance. Only 35% of respondents believe they could understand a prenup without help, while the remaining 65% would need a lawyer to explain certain provisions.
Smaller percentages of confidence were reported among those with lower incomes. Notably, only 21% of those making less than $25k annually felt confident.
In contrast, 58% of respondents earning over $200k annually felt confident in understanding prenups. This finding implies that individuals with higher incomes may have more access to resources, education, or previous experience with legal documents which allow them to fully comprehend such legal agreements.
The differences in confidence between lower and higher incomes could also be shaped by societal or cultural factors. Those in higher-income brackets are more likely to be exposed to discussions about wealth protection or asset management in relationships, while those in lower-income brackets may not see the need for or feel less inclined to discuss prenuptial agreements.
Hiring a lawyer for a prenup: Yay or nay?
Opinions on hiring a lawyer when creating prenups vary significantly. Among respondents who have made a prenup, 59% sought legal advice when drafting or signing their agreements.
However, when we asked those who had never signed a prenup if they would seek legal advice, 86% said yes, showing there is an inclination to consult an attorney when initially navigating prenups.
Opinions vary on whether both spouses should be legally required to have separate legal representation for prenups. Just over half, 51%, agreed that hiring separate lawyers should be a legal requirement, while 26% disagreed, and 23% were unsure.
Does net worth affect beliefs in legal protections?
Among respondents who had never created a prenup, 58% of those with lower net worth than their partners believe in stronger legal protectionsfor individuals who sign away rights in prenups. Comparatively, only 36% of respondents with a higher net worth than their partners felt the same.
It’s worth noting that of those who have signed a prenup:
- 100% of respondents with a lower net worth felt it should be legally required to have separate legal reviews for each spouse.
- Only 33% of higher-net-worth respondents felt having separate legal reviews for each spouse should be legally required.
These findings suggest that wealthier partners may not view separate legal review requirements as essential, possibly feeling more confident about the terms.
Does gender affect beliefs in legal protections?
We asked respondents whether they think courts should have stronger protections for people who sign away certain rights in a prenup.
- 44% said yes
- 19% said no
- 32% were unsure
- 5% said other
Here’s where things get interesting: 53% of women said there should be stronger protections compared to 36% of men.
This gap suggests that women may perceive a greater risk of unfair outcomes in Prenuptial Agreements or feel that existing legal protections are insufficient. Social and economic factors could play a role in shaping these views. Women, on average, still earn less than men and may have concerns about financial security in the event of divorce.
Awareness and education
Lastly, let’s examine how educated our respondents are regarding Prenuptial Agreements.
What topics can a prenup legally cover?
Before we get into how well our respondents understand prenups, let’s take a quick second to break down what a prenup legally can and cannot cover in the United States:
| Prenups can cover: | Prenups cannot cover: |
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What were people right about?
The survey results indicate that respondents have a fairly strong understanding of what a prenup can legally cover.
- A significant 91% correctly identified that a prenup could address the division of shared assets and debts in case of divorce.
- Similarly, 91% knew a prenup could cover each spouse’s separately owned assets and debts.
- 68% recognized that spousal support, or alimony, can also be outlined in a prenup.
- 81% knew that a prenup could include inheritance rights.
- 56% knew that pet custody arrangements were also possible.
Interestingly, while most respondents knew that responsibilities like household chores and personal appearance standards are not generally enforceable through a prenup, a small percentage — 15% and 12%, respectively — still believed these might be possible inclusions.
What were people wrong about?
There were several common misconceptions surrounding child-related issues, as many respondents wrongly believed the following:
- 51% said a prenup could outline child custody
- 53% said a prenup could outline child support
- 42% said a prenup could outline child visitation
In reality, Prenuptial Agreements cannot dictate terms related to child custody, support, or visitation, according to the American Bar Association (ABA). These matters are legally determined based on what’s in the child's best interest, as judged by the courts.
For example, child support decisions take into account both state-specific guidelines and the unique needs of the child. The needs of the child cannot be fully known in advance so they cannot be legally predetermined in a prenup.
Community property vs. equitable distribution
Understanding the difference between community property and equitable distribution is essential for couples deciding on a prenup, as the method of property division varies significantly by state.
- Community property states divide assets acquired during marriage equally (50/50) between both spouses in the event of divorce. According to Money Management International , the states that use this model are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
- Equitable distribution states divide assets fairly but not necessarily equally, considering factors such as each spouse's earning capacity, individual contributions to the marriage, and personal circumstances. This method is used in the remaining U.S. states.
Our survey revealed gaps in respondents’ knowledge about their own state’s property division model. In community property states, 66% of respondents correctly identified that their state mandates a 50/50 division of assets without a prenup or Separation Agreement.
Meanwhile, only 15% of respondents in equitable distribution states answered correctly that their state aims for a fair, if not necessarily equal, division of assets. Misunderstandings in equitable distribution states were high, with 40% mistakenly believing their state divided property 50/50 and 30% reporting they were unsure.
Should there be more education and awareness about prenups?
There is a strong consensus among respondents that public awareness and education about prenups need to improve.
A majority of 81% agreed that more education is needed, indicating that people feel unprepared to fully understand or utilize a prenup’s potential benefits. While 8% felt that no additional education was necessary, and 11% were unsure.
Our female respondents tended to feel a bit stronger about prenup education. 88% of women said there should be more education and awareness about prenups, compared to 74% of men.
Women may be more likely to support stronger education and protections because they often face greater financial vulnerability in divorce situations, including potential income disparities and primary caregiving responsibilities. These gendered challenges could lead to a higher desire for safeguards that ensure fairness and security if rights are signed away.
Educating people on how prenups work in various scenarios could help reduce stigma, correct misconceptions, and empower individuals to make informed decisions that align with their financial and personal goals.
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