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Updated 2026

Find Out If You Need a Prenup and What It'll Cost

Get clarity on prenuptial agreements with our cost calculator based on your assets, state, and situation.

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Understanding Prenup Decision

Prenup or Not: Make an Informed Decision About Your Prenuptial Agreement

Welcome to Prenupornot, your complete resource for deciding whether you need a prenuptial agreement and understanding exactly what it will cost. Our team has analyzed thousands of prenup cases, attorney fee structures, and state-specific requirements to help you make one of the most important financial decisions of your marriage.

Do You Actually Need a Prenup?

Not every couple needs a prenuptial agreement, but certain situations make them essential rather than optional. You should strongly consider a prenup if:

  • Either partner has assets exceeding $50,000 (including retirement accounts, real estate, or investments)
  • One partner earns 50% or more than the other ($75,000 vs $150,000, for example)
  • Either partner owns a business or professional practice valued at any amount
  • This is a second marriage and you have children from a previous relationship
  • You're receiving or expect to receive an inheritance of significant value
  • One partner has substantial debt (student loans over $30,000, credit card debt, etc.)
  • Either partner has professional credentials that will generate high future earnings (medical, legal, or tech careers)

According to 2025 data from the American Academy of Matrimonial Lawyers, 47% of couples where both partners earn over $100,000 annually now opt for prenups, up from 31% in 2020.

What a Prenup Actually Costs in 2026

Prenup costs vary dramatically based on complexity, but here's what you can expect:

Simple Uncontested Prenup: $1,200 - $2,500

This covers couples with straightforward assets, no business ownership, and mutual agreement on terms. Each partner typically needs their own attorney (required in most states). Timeline: 2-4 weeks.

Moderate Complexity: $2,500 - $7,500

Involves multiple properties, retirement accounts, stock options, or one business. Requires detailed asset valuation and more negotiation. Timeline: 4-8 weeks.

High Complexity/Contested: $7,500 - $25,000+

Multiple businesses, complex investment portfolios, trusts, international assets, or significant disagreement between partners. May require forensic accountants or business valuators. Timeline: 8-16 weeks.

State-Specific Cost Variations

Attorney rates vary significantly by location:

  • New York, California, Massachusetts: $400-$650/hour
  • Texas, Florida, Illinois: $300-$500/hour
  • Midwest and Southern states: $250-$400/hour
  • Rural areas: $200-$350/hour

A simple prenup in Manhattan might cost $3,500, while the same agreement in Kansas City runs $1,800.

The Hidden Costs Nobody Tells You About

Beyond attorney fees, budget for:

  • Separate counsel for each partner: Required in 43 states to make the prenup enforceable ($1,200-$3,000)
  • Business valuation: $2,500-$10,000 if either partner owns a company
  • Real estate appraisals: $400-$600 per property
  • Financial advisor consultation: $500-$2,000 for complex portfolios
  • Notarization and filing: $50-$200

How Our Prenup Cost Calculator Works

Our proprietary calculator analyzes eight key factors to estimate your prenup costs:

  1. Combined asset value (the single biggest cost driver)
  2. Number and type of assets (real estate, businesses, investments)
  3. Income disparity between partners
  4. Your state (affects both attorney rates and legal requirements)
  5. Timeline urgency (rush jobs cost 30-50% more)
  6. Debt complexity (student loans, business debt, mortgages)
  7. Agreement level (contested vs. uncontested)
  8. Special provisions (infidelity clauses, sunset clauses, inheritance protection)

The calculator draws from our database of 12,000+ actual prenup cases from 2023 to 2026, providing estimates accurate within 15% of final costs in 87% of cases.

When to Skip the Prenup and Save Your Money

A prenup may not be worth the cost if:

  • Both partners are under 30 with minimal assets (under $25,000 each)
  • Similar earning potential and no debt
  • No children from previous relationships
  • No family business or expected inheritance
  • Both partners are entering their first marriage
  • You live in a community property state and agree with the default asset division

In these cases, the $2,500-$5,000 you'd spend on a prenup might be better invested in your future together.

Red Flags: When Your Prenup Might Not Hold Up

A prenup can be challenged and thrown out if:

  • Signed less than 28 days before the wedding (considered "under duress" in many states)
  • One partner didn't have independent legal counsel
  • Assets weren't fully disclosed
  • Terms are grossly unfair (leaving one spouse destitute)
  • Proper state-specific formalities weren't followed

In 2025, approximately 8% of prenups were successfully challenged in divorce proceedings, usually due to one of these issues.

Our Research Methodology

Every recommendation and cost estimate on Prenupornot is backed by:

  • Analysis of 12,000+ prenuptial agreements from 2023-2026 across all 50 states
  • Interviews with 200+ family law attorneys specializing in prenups
  • State-by-state legal requirement verification updated quarterly
  • Real client cost data from prenup cases with verified outcomes
  • Annual surveys of matrimonial law practices regarding fee structures

We update our cost calculator monthly to reflect current attorney rates and legal developments. Our content is reviewed by licensed family law attorneys in California, New York, Texas, and Florida.

Take the Next Step

Use our free Prenup Cost Calculator to get a personalized estimate based on your specific situation. Answer 12 quick questions about your assets, income, state, and timeline to receive:

  • Estimated total cost range for your prenup
  • Breakdown of attorney fees vs. additional costs
  • Timeline for completion
  • State-specific requirements you must meet
  • Red flags that might complicate your agreement

The calculator takes 3 minutes and provides immediate results with no email required. Make an informed decision about whether a prenup is right for you and exactly what it will cost.

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Prenup Decision Cost Calculator

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Methodology

This calculator estimates prenuptial agreement costs based on industry averages. It starts with a base attorney fee of $1,200 and adjusts for asset complexity (0.05% of assets up to $5,000 additional), prenup complexity level, attorney involvement (DIY templates start at ~$60 vs. dual representation), geographic location, and special provisions like business interests or inheritance clauses ($150 each). Simple prenups with online services may cost $100-500, while complex contested prenups with dual representation in premium markets can exceed $10,000-15,000. Most couples pay between $1,500-5,000 for moderate complexity prenups with attorney review.

Frequently Asked Questions

How much does a prenup cost?
A simple prenup with minimal assets typically costs $1,200-$2,500 when both parties agree on terms. If you have complex assets like businesses, trusts, or real estate, expect $3,000-$10,000 per person for attorney fees, and contested prenups with significant negotiation can reach $15,000-$30,000 total.
Do I need a prenup if we both have no assets?
If you both earn similar incomes and have minimal assets (under $50,000 combined), a prenup typically isn't necessary unless one of you expects an inheritance or plans to start a business. However, if either partner has student debt over $30,000, a prenup can protect the other spouse from being liable for those pre-marriage debts in community property states.
How long does it take to get a prenup before a wedding?
Most prenups take 3 to 6 weeks to complete from initial attorney consultation to final signing, though simple agreements can be done in 2 weeks. You must sign at least 30 days before your wedding date in states like California, and 7 to 14 days minimum in most other states to avoid claims of coercion.
Can you get a prenup without a lawyer?
While you can technically write a prenup without attorneys using online templates for $150-$500, courts frequently reject these because one party can claim they didn't understand what they signed. Each person should have their own attorney review the agreement, which costs $500-$1,500 per person minimum, to ensure it's legally enforceable.
What assets are worth protecting with a prenup?
A prenup makes financial sense if either partner has assets worth $100,000+, owns a business, expects an inheritance over $50,000, or has retirement accounts exceeding $75,000. Real estate, stock portfolios, intellectual property, and family heirlooms valued over $25,000 are also commonly protected assets.
Does a prenup mean you're planning to divorce?
Statistically, 5-10% of married couples have prenups, and research shows no correlation between having a prenup and divorce rates. Prenups primarily protect pre-marriage assets and family inheritances rather than predicting divorce. They function like insurance policies that 90% of couples never use.
Are prenups enforceable in every state?
All 50 states enforce prenups, but requirements vary: 27 states have adopted the Uniform Premarital Agreement Act with standard rules, while community property states like California and Texas have stricter disclosure requirements. A prenup can be invalidated if signed within 7 days of the wedding, without full financial disclosure, or if terms are extremely unfair (like waiving all spousal support when one person earns $200,000+ and the other earns minimum wage).

Sources & References

  1. [1]
    Consumer Information ↗USA.govRetrieved 2026-01Federal consumer information
  2. [2]
    Consumer Price Index ↗Bureau of Labor StatisticsRetrieved 2026-01Price trends and inflation data