Since the holiday season began, you’ve probably noticed a fresh wave of engagement photos flooding your social media feed. That’s because we’re in the heart of what the wedding industry calls “engagement season” — the period between Thanksgiving and Valentine’s Day when couples are most likely to get engaged.
But while diamond rings and proposal backdrops dominate Instagram, another trend is gaining traction behind the scenes. As recently highlighted by The New Yorker, Gen Z and Millennial couples are entering marriage with prenuptial agreements more than any generation before them.
According to a 2023 Harris Poll, 41% of Gen Z and 47% of Millennials who are engaged or married said they entered into a prenup. Even more telling, half of all U.S. adults say they’re open to signing one, an 8% increase from 2022.
So, what is driving this shift? Simply put, people are catching on that prenups are not only reserved for the ultra-wealthy or the famous. Today, they’re increasingly viewed as practical, personal, and deeply protective tools.
What is a prenup?
Legally speaking, a prenuptial agreement – or prenup – is a valid and legally enforceable contract that two people enter into before marriage which outlines how assets (such as bank accounts, real estate, or retirement savings), debts, and even future spousal support will be handled in the event of divorce, or even the death of one spouse.
Despite lingering stigma, prenups are not designed to favor one partner over the other. In fact, their greatest value lies in creating a shared plan at a time when both parties are aligned and communicating openly — rather than during an emotionally charged and often contentious separation.
Things prenups can (and can’t) contain
Prenups can outline how you and your spouse will divide property, manage savings, or handle business interests, retirement accounts, and debts. They can also address personal matters such as pet custody, division of personal property, and how future financial items will be treated.
For example, you might not have significant assets at the time of marriage, but life changes. You and your spouse could start a business, receive an inheritance, or accumulate savings and investments over time. From the date of marriage until a divorce is filed, many assets a couple accumulates are deemed marital unless otherwise determined separate under the law, or as defined in a prenup.
Some couples even choose to include lifestyle clauses, such as outlining compensation if one partner steps away from work to raise children or support the household.
Beyond these personalized provisions, every prenup also requires full financial disclosure from both parties. This means each agreement includes a complete, itemized list of each partner’s assets and liabilities, along with their respective values, at the time of the marriage. As a result, both partners can make informed decisions when determining what assets should be shared and what interests they are willing to waive.
That said, prenups do have limits. They cannot determine child custody or child support arrangements, which are decided by law at the time of separation and based on the child’s best interests. When creating the terms of your prenup, your attorney will work with you to gain an understanding of what your priorities are and how they can legally be incorporated into the agreement.
Why more couples are choosing prenups
For many Millennials, the decision to sign a prenup is shaped by lived experience. Pew Research data shows that the U.S. divorce rate peaked in 1980 — just before the start of the Millennial generation. Growing up with divorced parents has made many Millennials more intentional about planning for marriage.
Financial realities also play a role. Millennials carry more student loan debt than any previous generation, and prenups allow couples to clearly designate responsibility for debts if a marriage ends.
While previous generations may have seen the prenup as scary, unromantic gestures, younger generations see them no differently than any other long-term planning strategy. Thoughtful, proactive, and designed to reduce risk.
The information presented in this article is for general information purposes only and not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Bousquet Holstein PLLC, please contact one of our attorneys. ATTORNEY ADVERTISING Prior Results Do Not Guarantee a Similar Outcome © 2026 Bousquet Holstein PLLC
By Marisa Maroney, Esq.
Marisa Maroney is a matrimonial and family law attorney at Bousquet Holstein PLLC in Syracuse, New York. Maroney advises clients on prenuptial agreements, divorce, custody, and support matters with a balance of strong advocacy and practical guidance. Maroney provided this article on behalf of our sponsor Bousquet Holstein PLLC.