The Most Common Prenup Clauses Explained
Published on: 3 Apr 2025
A prenuptial agreement—commonly called a prenup—is a legal contract signed before marriage that outlines how financial matters will be handled during the marriage and in the event of divorce. While the concept can sound intimidating, modern prenups are increasingly viewed as smart, proactive planning tools for couples who want financial clarity and security.
But what exactly goes into a prenup? What are the most common clauses, and what do they actually mean?
Whether you’re exploring your options or already drafting your agreement, this guide breaks down the most common prenup clauses—explained clearly and simply—so you can understand what to expect and what to include.
1. Separate Property Clause
This clause defines what each person owns prior to marriage and states that those assets will remain separate property if the marriage ends.
Why it matters:
Without this clause, assets you brought into the marriage (like a home, business, or inheritance) could be considered marital property—especially if they’re mixed with shared funds.
Example:
“I want to make sure the condo I bought before we met stays mine if we divorce.”
2. Marital Property Clause
This clause explains what will be considered shared property—assets or income acquired during the marriage—and how it will be divided if the marriage ends.
Why it matters:
It helps prevent confusion by defining what you’ll share versus what stays separate, especially in states with community property or equitable distribution laws.
Example:
“All income earned during the marriage and joint bank accounts will be considered marital property and divided 50/50.”
3. Debt Responsibility Clause
This clause assigns responsibility for existing or future debts, including student loans, credit card balances, or business liabilities.
Why it matters:
Without this clause, you might be responsible for debts your spouse incurred—even if you had nothing to do with them.
Example:
“Each party shall remain solely responsible for any debt incurred in their name before or during the marriage unless otherwise agreed in writing.”
4. Spousal Support (Alimony) Clause
This clause determines whether one spouse will receive financial support after divorce, how much, and for how long.
Why it matters:
It can prevent lengthy court battles over alimony and provide certainty for both partners.
Options include:
- Waiving spousal support entirely
- Setting specific terms (e.g., “$2,000/month for 2 years”)
- Limiting support to certain conditions (e.g., only if the marriage lasted 5+ years)
Note: Some states may still review alimony clauses for fairness.
5. Inheritance and Gifts Clause
This clause protects inherited assets and gifts received during the marriage, ensuring they remain the property of the person who received them.
Why it matters:
Even if an inheritance was meant for one spouse, it could be divided in divorce if it becomes commingled with shared assets.
Example:
“All inheritances and personal gifts shall remain the separate property of the recipient.”
6. Business Interests Clause
This clause defines ownership and protection of any business or startup either spouse owns before or during the marriage.
Why it matters:
A divorce could threaten business operations or ownership if it’s not addressed in a prenup.
Example:
“The business operated by [Spouse A] shall remain their sole and separate property, including all future profits and growth.”
7. Real Estate Clause
This clause outlines who owns what properties and what happens to them in divorce—especially important if one person already owns a home.
Why it matters:
It prevents disputes over homes, vacation properties, or rental income down the road.
Example:
“The house at [Address] shall remain the sole property of [Spouse B], and the other spouse shall have no claim to it.”
8. Lifestyle or Non-Financial Clauses (Optional and Not Always Enforceable)
Some couples include non-financial clauses around behavior, household responsibilities, or personal values. These might include agreements about:
- Religion or education for future children
- Social media use
- Pet ownership
- Family holiday schedules
Why it matters:
These clauses can be a way for couples to align expectations, but not all states enforce them.
9. Sunset Clause
A sunset clause states that the prenup will expire after a certain number of years or after a major life event (like the birth of a child).
Why it matters:
It can be used to build in flexibility as the relationship grows stronger and circumstances change.
Example:
“This agreement shall terminate automatically upon the couple’s 15th wedding anniversary.”
10. Dispute Resolution Clause
This clause outlines how any future disputes about the prenup—or a divorce—will be resolved.
Why it matters:
It can help avoid litigation by requiring mediation or arbitration before going to court.
Example:
“Any disputes regarding this agreement shall be resolved through mediation before pursuing litigation.”
Why These Clauses Matter
Including the right clauses in your prenup isn’t about planning for failure—it’s about building a clear, fair financial foundation that protects both partners. These clauses:
- Reduce conflict
- Encourage open communication
- Offer legal clarity
- Help avoid costly court battles
- Protect individual and joint assets
Whether you’re marrying in California, Texas, Florida, or any other state, your prenup should reflect your unique situation—and comply with local laws.
How prenups.ai Makes It Easy
At prenups.ai, we help you build a legally sound, state-specific prenup that includes all the clauses you need—without expensive lawyers or complicated legalese.
✅ Customize every clause
✅ Ensure full compliance with your state
✅ Collaborate with your partner in a guided, easy way
✅ Protect your future—on your terms
Final Thoughts
Understanding the most common prenup clauses empowers you to take control of your financial future with your partner. These aren’t just legal terms—they’re tools for clarity, peace of mind, and mutual respect.
📌 Ready to build a prenup that works for both of you? Get started with prenups.ai and create a custom agreement that supports your relationship—today and tomorrow.