A prenuptial agreement is a chance for couples to design the financial side of their marriage with clarity and intention. But despite what movies suggest, prenups aren’t about mistrust — they’re about understanding. Knowing what can and can’t go into a prenup helps you create one that’s both fair and enforceable.
What a Prenup Can Include
Property and Assets
A prenup can define which assets are “separate property” (belonging solely to one partner) and which will be “marital property” (shared). This includes real estate, savings, businesses, investments, and future earnings. Couples often agree that any property owned before marriage, or acquired through inheritance or gifts, stays separate.
Debts and Liabilities
Just as you can separate assets, you can also separate debts. A prenup can ensure that one partner’s student loans, credit card balances, or business debts don’t become shared responsibilities after marriage.
Spousal Support (Alimony)
You can decide in advance how spousal support will be handled if you separate — whether it’s waived entirely, capped, time-limited, or structured as a lump-sum payment. Many couples use Trusted Prenup’s builder to choose from several pre-vetted spousal support models that balance fairness and flexibility.
Estate and Inheritance Rights
A prenup can clarify what happens if one spouse passes away, especially in blended families or when either partner has children from a previous relationship. You can waive inheritance rights or guarantee certain assets pass to specific heirs, ensuring your estate plan aligns with your wishes.
Business Ownership and Future Income
If one or both partners own a business, a prenup can protect it from being divided or disrupted in a divorce. You can also agree in advance how future income, bonuses, or intellectual property will be treated — a crucial safeguard for entrepreneurs and creatives.
Marital Expenses and Management
A prenup can outline how you’ll handle day-to-day finances: joint accounts, bill payments, savings goals, and investment decisions. This isn’t about micromanaging — it’s about setting expectations early to prevent conflicts later.
What a Prenup Can’t Include
Child Support or Custody
Courts will not enforce any provision that dictates future child support or custody arrangements. These decisions must always be made based on the child’s best interests at the time of separation. You can express your shared values around parenting, but you can’t legally lock in custody or support terms in advance.
Personal or Lifestyle Clauses
While some couples add creative “lifestyle” clauses — about fidelity, chores, or pet care — most courts ignore personal promises unrelated to finances. A clause saying who does the dishes or what happens if someone forgets an anniversary might make for good TV, but it won’t hold legal weight.
Anything Illegal or Against Public Policy
A prenup can’t include terms that violate the law or public policy. For example, you can’t include penalties for filing for divorce, or clauses that encourage separation. Courts may strike out or even void an entire agreement if it contains illegal provisions.
Unconscionable Terms
Even if both parties sign willingly, a prenup that is extremely one-sided or leaves one partner destitute could be ruled unenforceable. Fairness matters — both at the time of signing and, in some states, at the time of divorce.
How Trusted Prenup Keeps You Within the Lines
Our online builder is designed to stay compliant with every U.S. state’s laws. You’ll only see questions and clauses that are legally appropriate, and each section includes plain-language explanations of what’s allowed and what’s not. Optional attorney review ensures your agreement meets local requirements and feels fair to both of you. By using Trusted Prenup, you avoid the guesswork and expensive back-and-forth that often slows traditional drafting.
The Bottom Line
A prenup can cover almost anything related to money, property, and fairness — but not children, personal behavior, or anything that breaks the law. The key is transparency, mutual understanding, and following proper legal procedure. Trusted Prenup helps you do all three, quickly and confidently, with guidance every step of the way.
Next steps
General information only, not legal advice. For personal advice, consult a local attorney.
Related: State Guides · Planning & Process · Money & Assets
