Prenups are ‘in’—but not for the reason you think

Traditionally, a prenuptial agreement, or "prenup," is a legally binding contract signed by a couple before they get married. This agreement outlines how their assets will be divided if the marriage ends, including financial investments, real estate, and retirement plans. However, there is a new trend in prenups that focuses less on divorce and more on the eventuality of a spouse's death or incapacitation, according to USA Today.

For instance, when one spouse passes away, some states grant rights to the surviving spouse that may supersede a will. This can also impact other individuals named in the will, such as children, grandchildren, and beneficiaries. The emphasis on assets arises when considering the increasing longevity of Americans, particularly women. Women in the U.S. typically outlive men by an average of 5 years, and by age 85, 67% of elderly individuals in America are women, according to a Harvard Medical School publication.

Moreover, the cost of elder care has surged in recent years. From 2019 to 2024, the median long-term care costs rose by 50%, with home care and assisted living experiencing the most significant increases. Melissa Rodriguez, a private client partner at Day Pitney, noted that most marriages end not in divorce but in death, often preceded by incapacity. Many prenups now plan for the least likely exit, highlighting the shift in their purpose.