ABA Family Legal Guide

Family Law

Money Matters During Marriage

Premarital Agreements

Why would a spouse sign a premarital agreement if he or she would receive less under the agreement than under other laws?

The answer to that question depends on the individual. Some people prefer to control their fiscal relationship rather than to leave it to state regulation. They may want to avoid uncertainty about what a court might decide if the marriage ends in divorce. For some, the answer may be "love conquers all"--the less-wealthy person may just want to marry the other party and not care much about the financial details. For others, the premarital agreement may provide ample security, even if it is not as generous as a judge might be. Still others may not like the agreement, but they are willing to take their chances and hope the relationship and the financial arrangements work out for the best.