Thinking about bringing up a prenup? You’re not alone. For a long time, prenuptial agreements carried a bad reputation. And people assumed they were only for celebrities or the ultra-wealthy with complicated estates. But times have changed. And prenups have gone mainstream. 

More couples are saying yes to them not because they expect divorce, but because they want transparency, fairness, and peace of mind before they say, “I do.” Millennials and Gen Z in particular see prenups as part of smart relationship planning, not a red flag. They understand that marriage is not only a romantic partnership, but also a legal contract with real financial consequences. And they’re right. Love is emotional, but marriage also has very real legal and financial implications and ignoring those doesn’t make them go away.

Who Benefits from a Prenup?

Marriage is about love, but it’s also about blending lives, and that includes finances, responsibilities, and even future possibilities you can’t fully predict.

• If you own a business or dream of starting one, and things don’t work out, without a prenup, your spouse could end up with an unintended interest in the business.
• If the family is blended, a prenup in place would guarantee that children from a prior relationship are provided for.
• If a couple who are just starting out—no house, no major assets, before they begin building wealth together, use prenups to set the ground rules.
• If one spouse steps away from a career to raise children, those sacrifices are recognized.

It’s not only about protecting what you have, it’s also about protecting what you’re building. It helps both partners feel
like they’re starting from equal footing, with clear expectations.

At the end of the day, a prenup takes the “what if’ worries off the table so couples can focus on the part that really matters —building a strong, healthy marriage.

Understanding Prenuptial Agreements

A prenuptial agreement is more than just a piece of paper—it’s a legally binding contract that sets out financial expectations before marriage. When it comes to prenuptial agreements, Ohio courts have determined a “prenuptial, or antenuptial, agreement is a contract entered into in contemplation and in consideration of a future marriage wherein the property rights and economic interests of either prospective spouse, or both, are determined and set forth.” So, what does that actually look like in real life?

What a prenup can do: A prenup goes beyond just saying “this property is mine and that’s yours.” It can set clear rules for real-life situations, like:

• If one of you buys a home during the marriage, the agreement can say whether it becomes joint property or remains separate.
• If you bring in retirement accounts, it can define whether growth during the marriage is shared or stays with the original owner.
• If you own a business, it can outline how it’s valued and make sure ownership stays with you.
• If one spouse steps away from work to raise children, it can address spousal support or compensation for that sacrifice.

In other words, prenups don’t just protect what you already own—they can help plan for how new assets and responsibilities will be handled as your marriage grows.

What a prenup cannot do: Prenups cannot decide child custody or child support—those issues are always decided by the court, based on the child’s best interests. Courts are also cautious about “lifestyle clauses.” A provision about how many nights a week someone cooks dinner, who takes out the trash, or even intimacy schedules is almost never enforced. Infidelity clauses are a gray area: sometimes courts will consider them if tied to financial issues like spousal support, but they’ll strike them down if they look more like punishment than fairness. Bottom line? You can include them, but don’t count on them to save the day.

Are prenups enforceable in Ohio? Yes—if they’re done right. That means the agreement has to be voluntary, fair, and based on full financial disclosure. Each partner should be upfront about their assets, debts, and income. Ideally, each has their own lawyer. And the prenup should be signed well before the wedding—not slipped in a week before the ceremony. If it looks rushed, one-sided, or like someone didn’t understand what they were signing, an Ohio court will throw it out. Also, take some learnings from the Ohio Supreme Court case of Gross v. Gross, make sure the prenup does not promote or encourage divorce, does not present a profiteering device, and is not unconscionable. 

How much does a prenup cost? It depends on how complex your situation is and how much negotiation is needed. But almost every couple finds it’s far less expensive than fighting over these issues in a divorce. Think of it as an investment in clarity and peace of mind.

The process: A solid prenup is a thoughtful one. The couple starts by exchanging full financial information, then works with their attorneys to draft an agreement that fits their needs. Once both are comfortable, they sign it well before the wedding. Done properly, it doesn’t feel like a legal fight at all—it feels like planning for the future, together. Unlike the stereotype, prenups aren’t locked in stone forever. Life changes? You can update them.

What Do I Think?

From my perspective as a family law attorney, prenups aren’t about betting against marriage—they’re about protecting it. I understand why some couples hesitate. Bringing up a prenup can feel awkward, like you’re planning for failure before you’ve even begun. But here’s the truth: couples who go through this process often feel more secure in their marriage, not less. Why? Because they’ve had tough conversations most people avoid until conflict forces the issue.

A prenup requires honesty. You lay it all out—assets, debts, expectations, goals. That level of transparency doesn’t undermine trust; it builds it. And when life throws curveballs, as it always does, there’s far less uncertainty. Both partners know the plan, and no one’s left in the dark.

To me, a prenup is about respect. It honors the work each person has already done to build their life, and it honors the future they’re creating together. At the end of the day, it’s about one simple truth— we are partners.