Did you know 50% of U.S. adults support getting a prenup? In reality, only a fraction of those actually get a prenup. But what happens if you get divorced without having entered into a prenup before marriage? The thought of a marriage without a prenup is scarier than a haunted house, a haunted hayride, a ghoulish costume, or any of the season's other spooky elements. Getting married without a prenup is putting yourself in a position where your assets and financial future are dictated by state law instead of your own choices. Let's discuss in depth what happens when you get a divorce without a prenup.

Why skipping a prenup can lead to a painful divorce

The reality of the matter is that divorce is a possibility. We do not live in a rom-com world where everyone is guaranteed to live happily ever after. And not getting a prenup can lead you down an ugly path. Here's how skipping a prenup can lead to a painful divorce:

• Messy Outcomes: Without a prenup, divorce can become a battleground. There is the potential for lengthy disputes, misunderstandings about what's "fair," and emotionally-charged decisions. For example, if you aren't in agreement on who gets what, you could spend months arguing over "who gets the house" in court... Messy!
• Costly Conflict: Prolonged disputes mean your lawyers charge more for their time, while you and your ex could both end up losing financially. For example, the median cost of a divorce is $7,000 in 2024. There is a potential to cut that down if you had a prenup to even less if you have all of your property division pre-determined.
• Stress and Emotions: Let's face it: getting a divorce is stressful, no matter how amicable you are. Without a prenup, there is less certainty and predictability in the divorce outcome. Less certainty = more stress.
• Protect Your Future Self: No one plans to divorce, but it happens. A prenup is like having an insurance plan for your relationship, made when you can still think rationally.

Takeaway: A prenup isn't about pessimism; it's about being prepared and protecting yourself in the event things change.

Why your state law matters without a prenup

Without a prenup, the laws of your state dictate what happens to your stuff. There are nine states in the U.S. that abide by community property rules (which follow a blanket 50/50 split), and the rest of the 41 states are equitable distribution (which follows an equitable split, not always 50/50).

Why does this matter? Because if you are in a community property state, your stuff is going to be generally split 50/50, with few exceptions. If you are in an equitable distribution state, your stuff will be split as the judge deems fair (not always 50/50).

The bottom line is that a prenup can OVERRIDE the default laws of your state, so you can decide what happens to your money.

Prenups quiet the "what-if" worries

Even the most optimistic couples know divorce happens. That nagging "what if?" doubt is normal, especially with how common divorce is.

How a Prenup Provides Peace of Mind:

• Creating Certainty: It's a contingency plan. Knowing what would happen in a divorce reduces uncertainty and provides a sense of control.
• Less Stress During Divorce: Without a prenup, divorce proceedings are unpredictable and can drag on. A prenup provides clearer expectations, reducing that anxiety. For instance, a prenup creates a roadmap for your assets in the event of a divorce instead of leaving it up to a judge and state law.
• It's like Insurance: You'd never turn down car insurance because "it means you're going to get into an accident," right? Right! Same thing goes for a prenup. Getting a prenup doesn't mean your relationship is going to go south. Ultimate peace of mind!

Your ex's spending could become your problem

In some states, you might be held responsible for debts your ex-partner racked up, even if you weren't aware of them or had anything to do with them. For example, if your partner irresponsibly took out business debt during the marriage, in community property states, you are generally on the hook 50/50 for that debt, even if you never knew it existed.

Why this Matters: Without a prenup, getting a divorce can lead to taking ownership of debt that isn't yours. And there's nothing quite as bitter as taking on the financial obligations of an ex-spouse when you're no longer together.

The Prenup Solution: A carefully crafted prenup can address debt issues upfront. This offers protection by clarifying what you will and won't be responsible for in a divorce.

You could lose your home

Imagine pouring your heart (and money) into your dream home with your soulmate. White picket fence, wrap-around porch, and all of the little details that you love... only to have a divorce court force you to leave it behind. This is possible without a prenup.

Real-life example: Kelsea Ballerini, country music star, had this exact situation happen to her. She revealed on the Call Her Daddy podcast that a conflicting provision in her prenup led her to have to surrender half the value of her home, which she bought in full.

Prenups Protect Your Investment:

• A Clear Prenup Can Protect Your Home: If you have a beloved home that you want to ensure stays in your ownership, a well-crafted prenup can ensure it stays that way in any scenario.
• Prenups Can Protect Future Houses, Too: Even if you buy a house later, you can add terms to your prenup specifying how future assets will be handled if you split up.

You could be left in financial hardship

If you are financially dependent on your spouse now or ever become financially dependent on them in the future, you could be left in financial hardship without a prenup. And before you are quick to say, "that would never be me," think about these possible scenarios:

Potential Scenarios:

• Career Pause = Less Income: If you ever step back from work to raise a family, you may lack independent earning power making divorce negotiations harder. This happens more often than you may think. In fact, nearly 50% of working moms end up taking a career pause.
• Future Disability: Of course, no one ever expects this or plans for it, but if, for some reason, you ever become unable to work and get a divorce, it's unclear whether or not you'd be entitled to enough assets to support yourself.
• Insufficient Support: Even if you do get a divorce and do receive court-ordered alimony or child support, it might not get enough to survive.

The Prenup Solution: A prenup allows YOU to decide on fair financial provisions in advance instead of leaving it up to chance, state law, and a judge's discretion. Prenups eliminate uncertainty and ensure a more level playing field if you ever do divorce.

Your inheritance may not be safe

POV: You inherit $100,000 from Uncle Bob after he passed, assuming it's yours forever. However, you get a divorce, and a judge decides that a portion of that $100,000 should go to your ex-spouse. Ouch...

Busting Myths: There's a really bad misconception that inheritances are automatically protected in a divorce and that's not always true. It depends on your state laws and your unique situation. Why risk it?

The Solution: A prenup clearly designates ANY future inheritance as "separate property," ensuring they stay yours.

Don't let a divorce dictate your future – Get a prenup!

Here is what we want you to take, if nothing else, from this article:

• Prenups are NOT about expecting a divorce but about smart planning for any outcome.
• Without a prenup, you lose control. Divorce laws can lead to uncertain, unfair results.
• Prenups protect your finances: They address debt, assets (including homes), inheritance, and potential income disparities.
• Prenups provide peace of mind: They answer the "what-if" questions, giving you greater security.

Don't leave your financial future to chance. Cocreate your prenup and protect your ass(ets) today with a prenup!