Prenups for people who aren't rich (yet)

Prenups

Prenups for people who aren't rich (yet)

By Frank Stucki, Esq., MBA

Quick answer

A prenup isn't only for millionaires. It's a plan for your money, debt and future that you make together while you still like each other, and it often matters most for people who are building something.

Why would we need a prenup if we don't have much?

Because the most valuable thing many couples bring to a marriage isn't in a bank account yet. It's a degree, a career, a side business, a following or a future inheritance.

A prenup lets you decide now how those things will be treated, instead of leaving it to state default rules later. In community property states like Nevada, California and Washington, those defaults can be significant.

What can a prenup cover?

In states that follow the Uniform Premarital Agreement Act, including Nevada (NRS 123A.050) and Utah (Utah Code 30-8-4), couples can generally agree on:

  • What stays separate and what becomes shared
  • Who owns a business, and its growth, if one spouse starts it
  • How property is divided if the marriage ends or at death
  • Whether, and how much, spousal support is paid
  • Who is responsible for debts each person brings in
  • Life insurance and estate plan commitments

What can't a prenup do?

A prenup can't reduce a child's right to support. Nevada's statute says so directly (NRS 123A.050).

Courts also protect against extreme results. In Nevada and Utah, if a support waiver would leave a spouse eligible for public assistance, a court may order support anyway to prevent that (NRS 123A.080; Utah Code 30-8-6).

Custody and parenting decisions are made based on the child's best interests when the time comes, so a prenup generally can't lock those in.

Common situations for "not rich yet" couples

Student loans. You can agree that each person keeps responsibility for the debt they brought in.

A startup or side hustle. If one of you is building a business, a prenup can define who owns it and how its growth is treated.

Creator income. Channels, brand deals and digital storefronts can grow fast. A prenup can address ownership of accounts, content and future revenue.

Unequal career sacrifices. If one partner may pause a career for kids, you can agree on support terms that feel fair to both of you.

Second marriages. If you have kids from a prior relationship, a prenup paired with an estate plan can protect their inheritance.

How is each state different?

Nevada: Follows the Uniform Premarital Agreement Act in NRS Chapter 123A. The agreement must be in writing and signed by both. See our Nevada prenup guide.

Utah: Also follows the Uniform Act. A prenup can't affect a child's right to support, medical expenses, insurance or child care coverage (Utah Code 30-8-4). A party can challenge an agreement that was signed involuntarily, or that was fraudulent when signed combined with a lack of financial disclosure (Utah Code 30-8-6).

Washington: Has no premarital agreement statute; Title 26 RCW has no Uniform Premarital Agreement Act chapter. Prenups are still allowed, and Washington courts generally look at both the fairness of the terms and the fairness of the process, including disclosure and the chance to get independent advice.

California: Has its own version of the Uniform Act with added timing and independent-counsel requirements, especially for spousal support waivers.

What makes a prenup hold up?

Across all four states, the same habits help:

  • Start early, not the week of the wedding
  • Share full financial information in writing
  • Give each person a real chance to have their own lawyer review it
  • Keep the terms reasonable for both people

FAQ

Many couples find the conversation brings them closer. You're agreeing on how to treat each other, in writing, before any conflict.

An agreement after marriage is a postnuptial agreement. The rules differ, so get advice.

Yes, the simple prenup is free. More complex agreements are flat-fee, and those services are 50% off through the end of 2026.

This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.

Frank Stucki, Esq., MBA

Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.