Prenuptial agreements are becoming standard for young Americans as women’s earnings rise and couples marry later in life. A Harris Poll conducted for Bloomberg News found that 53% of engaged or married adults under 45 signed a pre-nup as of May, up from 41% of Gen Z and 34% of millennials in 2022.
Why are more couples choosing prenuptial agreements?
Couples are entering marriage with more individual wealth and complex financial histories than previous generations. According to the U.S. Census Bureau, the average age for a first marriage in 2025 was 28.4 for women and 30.8 for men, an increase of more than three years since 2005. This delay allows partners to accumulate assets and financial know-how.
Family law attorney Andrea Vacca of the Vacca Family Law Group reports that requests for pre-nups at her Manhattan firm have more than doubled in the last three years. Vacca notes that the demand no longer comes solely from the wealthier spouse; it now includes lower-earners and those seeking to avoid the complications seen in their parents’ divorces.
How has the role of women changed in pre-nup negotiations?
Women are initiating prenuptial agreements as frequently as men. Data from the app Hello Prenup shows that women initiated about 52% of contracts on the platform, a slight increase from 50% three years ago. This shift aligns with broader economic trends: women are graduating from college at higher rates and have brighter career prospects.
Marsha Garrison, a professor at Brooklyn Law School, states that money represents power in a relationship, and the shrinking earnings gap is altering how couples approach these contracts. Hello Prenup reports that almost a quarter of women using its service earn US$150,000 or more annually.
What modern issues are being included in marriage contracts?
Modern agreements extend beyond simple asset division. Couples now use these documents to address contemporary concerns, including:
- Debt Protection: Partners use agreements to ensure they aren’t held responsible for a spouse’s premarital student loans.
- Reproductive Rights: Contracts now determine the ownership and disposition of frozen eggs or embryos.
- Digital Conduct: Some couples include clauses that prohibit disparaging social media posts.
- Inheritance: Agreements are used to protect inheritances and anticipated generational transfers from baby boomers.
How is technology lowering the cost of pre-nups?
The industry is shifting toward “democratized” digital tools. While traditional attorney fees can run to tens of thousands of dollars for couples with complex finances, several apps provide automated alternatives:
| Service | Estimated Cost | Service Model |
|---|---|---|
| Hello Prenup / First | US$600 | Automated questionnaires and document generation. |
| Neptune | US$5,000 | Flat fee including legal representation. |
| Traditional Firms | Variable (Tens of thousands) | Bespoke legal counsel and negotiation. |
Robert Cohen, a divorce lawyer who has represented Melinda French Gates and Chris Rock, notes that pre-nups were once considered a taboo “first step” toward divorce. He states that the proliferation of ugly tabloid divorces has transformed these agreements into a standard conversation. Cohen estimates his firm, Cohen Clair Lans Greifer & Simpson, now produces as many as 100 agreements per year.
As financial independence grows and the stigma surrounding premarital contracts fades, these documents are increasingly viewed as practical, even empowering.
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