How Many Marriages Have Prenups: 7% & 62% Negative (Stats for Every State)

With the United States among the countries with the highest divorce rates and the cost of divorce proceedings reaching an all-time high, more and more people wonder, how many marriages have prenups?

Is it really 7 percent, or is the number higher? And, do nearly two-thirds of people see them as a “negative” before the marriage even starts?

Yes. But, that doesn’t tell the entire story.

The idea of protecting personal property that won’t become ‘joint’ assets is attractive to many people. Premarital agreements, also called prenuptial agreements, can be a valuable tool for couples embarking upon marriage, and it is why many newlyweds run a premarital background check before tying the knot.

But some statistics suggest that more than half the population feels that a prenuptial agreement carries a negative connotation.²⁸

This article explores the potential advantages and disadvantages of getting a prenuptial agreement. Read on to find out how many marriages have prenups and when and why a premarital agreement might be advisable.

Prenups: Good or Bad?

With nearly 50% of all marriages ending in divorce, the question of whether to get a prenuptial agreement is more important than ever.³⁹ Yet, it seems that perceptions of prenuptial agreements are still mixed.

A 2003 publication in The Harvard Gazette reported a law student’s findings when researching prenuptial agreements. The study found that even though most individuals were able to approximate the high national divorce rate, fewer than 12% of individuals polled believed that divorce was a potentiality for their marriage and fewer than 5% had prenups in place.

Furthermore, an average of 62% of persons polled (including laypersons and law students) felt that a partner asking for a prenuptial agreement was a bad indicator of the health and duration of the marriage and potentially even a predictor of divorce!²⁹

This is just one side of the story, however. As much as 15% of divorced persons indicate that they regret not having a prenuptial agreement in place before getting married.³⁹ In a more recent survey of divorce attorneys, 62% reported an increase in requests for prenups and 51% indicated that prenuptial agreements were on the rise with millennials.⁴⁰

In general, millennials appear to be waiting longer to marry and are entering into marriages with more to offer, or in other words, more to protect or insure. Perhaps the perception of prenuptial agreements is changing.

What Is a Prenup?

Prenup is a shortened term for prenuptial agreement, often used interchangeably with premarital agreement. A prenuptial agreement is a legal contract between two individuals planning to enter into marriage.²⁰

The contract may detail the financial assets or debts that each individual brings to the marriage, as well as the financial responsibilities of each party and what happens to assets and marital property in the event of divorce or even death.²⁶

Prenups have been used and accepted as binding legal contracts since the 1980s but historically have been viewed as exclusive to wealthy or high-profile individuals and couples.²⁸

A prenuptial agreement, when executed properly, can help protect the financial interests of both marital parties and their children. A properly developed prenup is characterized by the following:

• Legal counsel for both parties
• Written documentation of the contract
• Consideration of all financial assets and liabilities
• Absence of non-financial marital stipulations

How Much Do Prenups Cost?

As with most anything, the price of a prenuptial agreement depends on many factors, such as:

• The state, city, or area in which the couple lives
• The status and reputation of the lawyer hired to draft the agreement
• The complexity of the finances being arranged
  • Whether children from prior marriages are a factor
  • If there are significant debts
• If multiple lawyers are being retained

The variables listed above significantly impact the price of the prenuptial agreement, as many lawyers charge a flat rate for a draft, compounded by an hourly rate for further negotiations. While some sources indicate that having a prenup drafted by an experienced lawyer can be expected to cost on average $750, others suggest that this number is more of a starting point.⁴ More complicated premarital agreements can cost upwards of $10,000.²⁰

Some websites offer prenuptial agreement services, but there is a higher risk of the contract not holding up in court without in-person legal counsel.

The table below provides a sampling of prenup pricing estimates across the United States.

The numbers in this table are general estimates and reflect starting costs for simple contracts.

What Are the Pros and Cons of Prenup?

Any person wondering how many marriages have prenups is likely also curious about the possible advantages and disadvantages of getting a prenuptial agreement. In this section, learn all about the pros and cons of prenuptial agreements to assist with making informed decisions.

There are many people who are proponents of premarital agreements and some who would even advocate for making prenups mandatory for all prospective spouses.²⁸ There are many benefits to a prenuptial agreement, and here is the shortlist:^18,22

• Developing premarital agreements together prior to marriage can open the door for honest communication.
• Learning how to talk about difficult themes early on can strengthen a marriage later.
• Financial issues inevitably arise in any marriage, and a prenup sidesteps the strain of not knowing how these will be dealt with.
• Drafting a premarital agreement before marriage is often much cheaper than working out financial issues in divorce court.
• Prenups can provide protection for both parties, as well as any children from previous marriages.
• A prenuptial agreement can be modified or withdrawn after marriage if both spouses so desire.

Getting a prenuptial agreement drafted before marriage is more widely accepted today than it was twenty years ago, but there are still relatively few couples who do it. Although a prenup is a useful tool in any marriage, it is particularly helpful in situations where:^20,26

• One person has significantly more wealth or assets than the other.
• One or both individuals have significant debt or liabilities.
• One or both individuals have children from a previous relationship.
• One or both individuals are business owners.
• One individual plans to quit work to raise children.

Though the benefits of prenups are numerous, there are also a few potential pitfalls. Some of these are listed here.^8,22

• Paying for a prenuptial agreement can create financial strain before marriage is officially sealed.
• As many as 62% of individuals feel that a partner’s request for a prenup reflects negatively on the trajectory/outcome of the marriage.
• If both parties are not equally invested in the idea of a prenuptial agreement, one party may feel hurt or offended.
• A prenuptial agreement can reinforce an already imbalanced distribution of power.
• Prenuptial agreements do not always hold up in a court of law.
• A less assertive partner may not be evenly represented in a premarital contract.
• A coercive prenup will likely lead to resentment down the road.

View the summarized pros and cons in the following table.

How Many Marriages Have Prenups by State?

Curious about how many marriages have prenups? Well, interest in prenups has been gradually growing over the last 30 or so years, and more individuals are expressing willingness to get a prenup.¹⁰ However, the number of individuals who actually get the prenup is still relatively small, with several outlets estimating five to ten percent or about seven percent on average.²⁹

Still wondering how many marriages have prenups in each state? While the rate of prenups has increased dramatically at a national level in the last couple of decades, there is, unfortunately, no available information on how these numbers reflect at the state level.

However, anyone can learn how to find my divorce date online for free by searching their local court site.

Prenup Laws by State

State laws regarding prenuptial agreements and marriages, in general, tend to vary quite a bit, and individuals often want to know about these laws prior to entering into a marriage. What happens to property acquired during the marriage if the couple divorces? What happens to those retirement savings? Much of this depends on where the couple lives.¹⁰

More than half of the states in the U.S. have adopted the Uniform Premarital Agreement Act which was designed to create a multi-state standard for prenups.³⁵ Many state governments have modified the UPAA for their state, and many more states have developed entirely separate laws on prenuptial agreements.⁵

Find links to each state’s prenup law in the following table.

* Denotes states which have adopted/adapted the Uniform Premarital Agreement Act.^32,35

What Percentage of Prenups Are Thrown Out?

One of the primary fallbacks of a prenuptial agreement is that oftentimes, these contracts do not hold up in court and end up getting thrown out. In many cases, this has to do with the way that the contract was developed or what is written into the contract. In other cases, a prenup may be thrown out because a couple’s situation has changed drastically enough that the contract is no longer an accurate representation of their financial affairs. With all of this uncertainty, it makes sense for individuals to wonder how many prenups get thrown out and don’t actually hold up in court.

Despite the gradually growing interest in prenups, there is still very limited data about them. This likely stems from the fact that prenups are not widely publicized, including private information, and occupy a vague legal space between estate law and family law.²⁸

It is impossible to give even an estimate of how many prenups are thrown out, but it is possible to present the predominant reasons why a prenuptial agreement would not hold up in a court of law.^21,26

1. The document was drafted by someone other than a vetted attorney and does not meet legal standards.
2. The information contained in the contract is inaccurate or incomplete, not fully disclosed.
3. Either party lacked legal representation.
4. The prenuptial agreement was signed under duress or when not fully mentally competent (coercion, time constraints, under the influence, etc.)
5. The contract contains stipulations for issues or situations which are not covered by the state’s prenup laws. Some states do not allow clauses addressing the following:
   1. Child custody
   2. Child support
   3. Alimony forfeiture
   4. Lifestyle factors (e.g. infidelity)
   5. Domestic affairs
   6. Illegal activity
6. The prenuptial agreement is outdated or one-sided.

When considering a premarital agreement, it is always important to ensure that proper legal counsel is sought and both parties’ needs are fully met.

How Many Marriages End in Divorce?

Divorce is a very complicated issue, and it is influenced by many variables, such as:³³

• Whether there are children in the marital equation
• Average income
• Spending habits
• Age at time of marriage
• Addiction and substance use
• First marriage or subsequent
• Education and IQ
• Political affiliation
• Religion
• Current age

With all of these factors to consider, it is no wonder that people are concerned about how many marriages end in divorce and some are even looking to premarital background checks or marriage background checks to help avoid this outcome. Within the United States, the divorce rate has hovered around 50% for decades, though both marriage and divorce rates have been trending downward in recent years, with a 45% divorce rate in 2020, per the Centers for Disease Control and Prevention.^33,38 The data also suggests that divorce rates for second and third marriages are increasing significantly.³³

A 2016 publication by the U.S. Census Bureau breaks down the divorce rate according to sex, ethnicity, and age.³⁶

The following table presents marriage and divorce statistics by state, along with relevant state marriage and divorce laws.

* Statistics for the year 2020. Rates are per 1000 of the state population. Published by the Centers for Disease Control and Prevention National Vital Statistics System.³⁷

** Percentage calculated by comparing divorce and marriage rates. Note: This is not the percentage of married individuals who divorced in 2020. It is the percentage of the general population who divorced in 2020 divided by the percentage of the general population who married in the same year, which yields an approximation.

*** No official state divorce data was reported in the previous five years or more.

Is There a Correlation Between Prenup and Divorce?

It may seem likely that there would exist a strong correlation between prenuptial agreements and divorce. However, the data is not available to support the claim in one direction or another. It is unclear whether getting a prenup increases, decreases, or has no effect on the rate of divorce.²⁴

What is clear is that individuals believe there is a correlation between prenup and divorce. In fact, an early 2000s study found that more than 63% of individuals polled in the general population felt that a partner requesting a prenup was correlated with a higher likelihood of divorce.²⁹

There are so many individual variables that must be considered, that it is nearly impossible to establish a direct correlation. However, considering that divorce is more common among couples at a lower income level, couples who regularly argue about finances, and couples who begin a marriage without any financial assets, one might speculate that marriages with prenups are less likely to end in divorce because individuals who get prenups are more likely to have a stable income and some financial assets.^30,33

What Should a Woman Ask For in a Prenup?

Many people believe that a man is more likely than a woman to request a prenuptial agreement. While there may be some truth to this, women can and should benefit from a prenup to the same extent. When drafting a premarital agreement, a woman should be sure that:²⁶

• She has individual legal counsel
• Children from prior relationships are protected
• Her earning potential or income is insured against the decision to stay home and raise children
• Family heirlooms and inheritance are preserved for children
• Alimony

However, trying to understand the reason behind the request for a prenup can help a hurt partner come to terms with a prenuptial agreement. Things to consider when a partner wants a prenup may include:⁹

• What is included in the desired prenup
• Whether financial security is a big priority for the partner
• Whether the partner has children from other relationships
• Whether the prenup equally reflects and protects the interests of both parties

Not every prenuptial agreement is without bumps in the road, and sometimes the process of drafting a premarital agreement causes more strain than a relationship can handle. If and when prenup negotiations appear to lead to a failed relationship, it may be a good time to query whether that relationship was built to last. Further, consider that financial questions will inevitably arise at some point in the marriage, so if terms cannot be agreed upon, it is better to recognize this before making a marriage commitment.⁹

What Is the Percentage of Marriages With Prenups That End in Divorce?

Although one source indicates that 5% of divorced couples in the U.S. have a prenuptial agreement in place,⁷ data to support this number have not been found. Furthermore, the percentage of divorced couples with a prenuptial agreement is a separate statistic from marriages with prenups that end in divorce.

For anyone wondering how many marriages have prenups and still end in divorce, the unfortunate answer is that there isn’t enough data to determine that.

The divorce statistics in the United States have loomed over married couples for years, and more individuals are considering premarital agreements to avoid hefty divorce settlements.

This article explores the ins and outs of prenuptial agreements and answers the question, how many marriages have prenups, to help individuals make informed decisions for their own relationships.

Frequently Asked Questions About How Many Marriages Have Prenups