December 17, 2025
By: R. Gregory Hyden
“A prenup today is less about expecting divorce and more about building a shared future with clarity, fairness, and security.”
When people mention the word “prenup,” it usually conjures up a caricature of a celebrity divorce or a couple with extreme disparities in age and assets. While every person seeking a prenuptial agreement has unique circumstances, there used to be some truth to these stereotypes. Traditionally, one party, who was often older, brought significantly more assets into the marriage, particularly if this was a second or third marriage.
Today, however, Millennials (born 1981 to 1996) and older Gen Z (born 1997 to 2012) adults are shattering these old stereotypes. Having generally waited longer to marry than previous generations, many enter with significant assets, liabilities, and professional accomplishments. This shift indicates their focus is less on what they might gain from a divorce and more on protecting what they have and what they may acquire in the future.
That generational shift aligns with a broader trend: prenuptial agreements are no longer viewed solely as tools for the wealthy, famous, or those entering a second marriage. They’ve become a practical planning step for couples at every stage of life.
To explore this evolution, this Insight launches the three-part series, The Prenup Era: Why Every Generation Should Be Thinking Ahead.
- Part 1 will look at how perceptions of prenups have evolved and why younger generations are redefining the conversation.
- Part 2 will examine what modern prenups aim to protect, what they can include, and how couples can establish one in today’s legal and financial climate.
- Part 3 will highlight emerging trends, the potential impact of generational shifts on future litigation, and what happens if a prenup is contested.
Who Needs a Prenuptial Agreement?
Prenups can benefit any couple who wants to safeguard assets, clarify expectations, and plan responsibly for the future. Common scenarios include:
- Millennials and Gen Z couples entering marriage with established assets, savings, retirement accounts, or debts.
- Entrepreneurs and business owners seeking to protect their businesses from marital disputes.
- Couples with student loans, mortgages, or other financial obligations who want to ensure separation of liabilities.
- Couples who gained the right to marry in recent years who want to secure estate planning and asset protections, given the relatively recent legal recognition of their marriage.
- Blended families and older adults who want premarital estate plans maintained for children from prior marriages, or who aim to reduce the risk of guardianship or probate disputes.
Why Should Every Generation Consider a Prenuptial Agreement?
Millennials and Gen Z grew up witnessing divorce among parents, friends, or relatives, and understand its potential impact. According to the National Institute of Health by the mid-1990s, nearly 10 percent of children under 18 had divorced or separated parents, and about half of marriages in that decade were estimated to end in divorce. Millennials were one of the first large generation groups where divorce among their parents and peers’ parents was widespread and normalized. This led them to adopt a far more pragmatic approach to protecting themselves, their future children, their loved ones, and their long-term plans. A prenup serves multiple purposes, including:
- Financial protection – Clearly outlines how assets, debts, and income will be managed during marriage and in the event of divorce.
- Business security – Protects ownership, intellectual property, and partnerships from marital claims.
- Estate planning – Ensures premarital plans remain intact and reduces the risk of probate disputes.
- Peace of mind – Facilitates open conversations about finances and expectations.
- Flexibility and control – Allows couples to tailor the agreement to reflect their circumstances and priorities.
As a result of this pragmatic approach, prenuptial and postnuptial agreements are increasingly being sought by business partners, particularly in ventures where a potential divorce could affect operations or investor confidence. The same mindset also applies to Millennial couples who only recently gained the legal right to marry; many see these agreements as a responsible way to protect their future if the Supreme Court reverses the right-to-marry.
Final Thoughts
As part of the series, The Prenup Era: Why Every Generation Should Be Thinking Ahead, it is clear that prenuptial agreements are no longer just for the wealthy, famous, or for second marriages—they are a practical tool for any couple seeking clarity and security for the road ahead. With December historically the most popular month for engagements, this serves as a timely reminder for couples to thoughtfully plan ahead and consider how a prenup can help protect their shared future.
Questions?
Contact GrayRobinson Shareholder Gregory Hyden or a member of the Marital and Family Law Practice.