Why Smart Entrepreneurs Are Embracing Prenups — Not Out of Fear, But Strategy

For decades, prenuptial agreements carried a stigma. They were seen as cold, transactional documents meant for celebrities or the ultra-wealthy — used more to protect against betrayal than to build a foundation for partnership. But that old narrative is fading fast.

Today, especially among entrepreneurs, prenups have become strategic tools — essential documents for anyone entering marriage with assets, intellectual property or future business ambitions. If the word “prenup” still makes you think of bitter divorces and worst-case scenarios, it’s time to take another look.

A rising trend among business-minded couples

Prenup use is on the rise. A Harris Poll from 2023 showed that half of U.S. adults are now open to signing one, up from 42% the year before. Younger generations are leading the shift, with 47% of millennials and 41% of Gen Z saying they’ve signed or seriously considered a prenup.

Family law attorneys are seeing the same trend. According to the American Academy of Matrimonial Lawyers, 62% of divorce attorneys say they’ve had more prenup inquiries in recent years, especially from business owners and clients with side hustles or digital assets.

This shift reflects a deeper reality: today’s couples are entering marriage with more financial complexity than ever before. They’re bringing in startup equity, side income, personal brand value and sometimes significant debt. They’re also demanding more clarity around who owns what and what happens if things change.

Related: I Got a Prenup to Protect My Business and My Marriage — Here’s Why You Should Too

Why entrepreneurs in particular need prenups

Entrepreneurs don’t just bring income into a marriage — they bring ownership, risk and potential. A prenup doesn’t just protect what you’ve built; it helps set expectations around what you’ll build next. Here’s how.

Protect your business and your equity

Your company might be your most valuable asset — and it might not even be fully formed yet. Whether you’ve already built a venture or are planning to start one, a prenup can define what’s separate property, clarify decision-making rights and avoid messy legal disputes that could threaten your business.

If you have co-founders or investors, they may expect you to address this. Some startup operating agreements even require founders to have prenups in place as part of risk management.

Before you marry, take inventory of your assets — including equity in any LLCs, IP, patents or brands — and talk to your partner about what those mean for your shared future.

Protect your digital revenue streams

Instagram channels, YouTube accounts, NFTs, monetized newsletters, affiliate income — these are all real assets, and many grow in value over time. A prenup can protect your pre-marriage digital work, as well as define how shared efforts will be treated going forward.

Even if you’re not earning six figures from your online presence now, the value of digital content and IP can change quickly. Protecting that upside is just good strategy.

Clarify financial responsibility — especially around debt

Entrepreneurs often take on student loans, business credit and personal investment risk to build something meaningful. But not all debt should be shared.

A prenup can clearly outline who is responsible for what, helping couples avoid surprises later. If you or your partner are entering the marriage with significant obligations — or plan to take on new ones to fund a business—get clear about who holds liability.

Account for lifestyle and career sacrifices

If one spouse plans to stay home with kids or scale back their career to support the other’s venture, a prenup can address what happens financially. This could include temporary spousal support, a cushion for re-entering the workforce or an acknowledgment of unpaid labor.

These decisions are personal, but they shouldn’t be left to chance. Talk through the possibilities now, while things are optimistic and collaborative.

Protect your future ideas

Most entrepreneurs don’t stop after one business. If you’re likely to launch multiple ventures during your marriage, consider how those future companies will be classified. A prenup can distinguish between pre-marital efforts and joint projects, helping protect new income and ownership from becoming entangled unnecessarily.

It’s also worth noting that you can revisit and update your prenup if your business or personal life changes significantly.

Understand your legal landscape

Prenups are recognized in all 50 states, but the rules vary. Some states require both parties to have separate legal counsel. Others, like California, mandate a seven-day review period before signing if spousal support is waived.

Regardless of where you live — or may eventually move — work with an attorney who understands both business law and family law. An experienced legal partner can tailor the agreement to your specific goals and flag risks you may not see coming.

Related: 4 Truths Married Entrepreneurs Need to Believe in Order to Build Success at Work

A prenup is part of your business strategy

Think of a prenup like you would a shareholder agreement, an LLC operating agreement or a term sheet. It’s a framework designed to clarify roles, reduce risk and align long-term vision.

This isn’t about predicting failure — it’s about planning well. The same discipline you apply to running your company can be used to build a strong personal foundation. And the payoff isn’t just legal — it’s emotional clarity, peace of mind and a partnership rooted in transparency.

Entrepreneurs know that uncertainty comes with the territory. A prenup doesn’t remove that uncertainty, but it helps manage it. And for anyone serious about building something that lasts — whether it’s a business, a brand or a marriage — that’s what smart planning looks like.

Ready to break through your revenue ceiling? Join us at Level Up, a conference for ambitious business leaders to unlock new growth opportunities.