The Ultimate Prenup Agreement Checklist

When you’re planning for marriage, talking about a prenup might feel overwhelming. There are so many moving parts that it’s easy to miss something important. That’s why we’ve put together this prenuptial agreement checklist to guide you step by step. Think of it as a practical tool to help you and your partner cover the right topics, while also making sure your agreement will stand up under California law.

This prenup checklist is designed to balance the legal requirements with real-world concerns. It blends the thoroughness an attorney looks for with the practical questions couples need to ask each other. By the end, you’ll have a clear sense of what belongs in your prenup and how to approach the process with confidence.

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Property and Assets

The foundation of any prenuptial agreement checklist is deciding how to classify and handle property. Without clear rules, California’s community property law will step in and treat most things acquired during marriage as jointly owned. A well-thought-out prenup checklist gives you control over these decisions, helps prevent conflict later, and makes sure both spouses know where they stand.

1. Premarital Property

Premarital property is one of the most important issues to address in your prenuptial agreement checklist. Anything you own before marriage like a home, savings, or investments can quickly become mixed into marital property if you’re not clear about how it should be treated.

• What property does each spouse own before the marriage (real estate, vehicles, bank accounts, investments, personal property)?
• Should premarital property remain separate, or will any of it become marital/community property?
• Will appreciation or income generated by premarital property remain separate or be shared?

Failing to spell this out in your prenup checklist can create disputes later, especially if one spouse claims that separate assets were converted into community property during the marriage. Clear terms ensure that both partners’ expectations are aligned and legally protected.

2. Property Acquired During Marriage

It’s just as important to decide how property acquired after the wedding will be treated. By default, California law considers most property gained during the marriage to be community property, but you and your spouse may want different terms.

• How will property purchased during the marriage be treated (community vs. separate)?
• Will income earned during the marriage be considered joint or separate?
• Do you want rules about major purchases, such as requiring both spouses to consent?

Leaving these questions unanswered can lead to disagreements about ownership, especially for high-value purchases like real estate or investments.

3. Gifts and Inheritances

Gifts and inheritances often carry emotional as well as financial value. While California law generally treats them as separate property, they can quickly become entangled in marital property if not handled carefully.

• How should gifts received by either spouse during the marriage be classified?
• Should inheritances always remain separate, or can they be shared?
• Will family heirlooms require special treatment to keep them in the family line?

Without explicit instructions, gifts or inheritances could be misclassified if they are deposited into joint accounts or used for shared expenses. A prenup avoids this confusion and preserves your intentions.

4. Business Interests

Business ownership raises some of the most complex questions in a prenup. If either spouse owns or plans to start a business, it’s essential to outline what happens to the business during the marriage and in case of divorce.

• Does either spouse currently own a business, and how should it be treated?
• Will growth, profits, or appreciation during the marriage remain separate, or be shared?
• How should a new business started after marriage be handled?

If this section is overlooked, one spouse could end up with unexpected claims to the other’s business, profits, or even ownership stakes.

5. Investments and Retirement Accounts

Retirement savings and investments often make up a large part of a person’s financial picture, so they deserve careful attention in any prenuptial agreement checklist. Accounts like 401(k)s, IRAs, pensions, brokerage accounts, and crypto wallets can raise questions about contributions made before and during marriage, as well as how growth should be classified. Including clear terms in your prenup checklist helps prevent disputes years down the line.

• What investment and retirement accounts does each spouse currently have?
• Should contributions made during the marriage be considered joint or separate property?
• How should appreciation or growth on premarital accounts be treated?
• Will either spouse have rights to the other’s pension or retirement benefits in the event of divorce?

Leaving these details out can create confusion later, especially since California law generally treats contributions made during marriage as community property. A prenup can ensure that both spouses understand how these accounts will be handled, protecting long-term savings.

6. Title to Existing Property

How property is titled can sometimes conflict with how spouses want it treated. A clear provision in your prenuptial agreement ensures titles don’t accidentally override your intentions. This part of the prenup checklist is especially important for homes, vehicles, and other jointly used assets.

• Should property titled jointly still be considered separate property?
• Should property titled in one spouse’s name be treated as jointly owned?

Without these terms, the way property is titled could lead to disputes, regardless of what you and your spouse intended.

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Debts and Liabilities

Addressing debts is just as important as deciding how to handle property. A strong prenuptial agreement checklist should clarify who is responsible for existing debts and how new debts will be handled during the marriage. This ensures one spouse isn’t unfairly burdened by the other’s financial obligations. A well-drafted prenup checklist also prevents future disputes if debts grow over time.

1. Existing Debts

Debts incurred before marriage—such as student loans, credit card balances, or mortgages—can become a source of confusion if they aren’t addressed in a prenup. California law generally holds each spouse responsible for their own premarital debts, but a prenup can reinforce this and avoid gray areas.

• What debts does each spouse currently have?
• Should those debts remain the sole responsibility of the spouse who incurred them?
• Will income or marital property ever be used to pay down premarital debts?

Without clearly stating these terms, premarital debts could end up being paid from marital resources, which can feel unfair and cause unnecessary tension.

2. Debts Incurred During Marriage

Couples also need to consider what happens with debt acquired after the wedding. Under California law, debts taken on during the marriage are usually considered community debts, meaning both spouses may be equally responsible, even if only one spouse signed the loan or credit agreement. Consider these questions when you draft your prenup:

• How will new debts acquired during the marriage be treated?
• Will both spouses share responsibility equally, or will debts be tied to the spouse who incurred them?
• Should there be rules about taking on major debts, such as requiring mutual consent for large loans?

Failing to outline how new debts will be managed can leave both spouses vulnerable. A prenup ensures fairness and helps protect shared assets from being jeopardized by one partner’s borrowing decisions.

3. Living Expenses

Day-to-day expenses like mortgage payments, utilities, groceries, or childcare can become a point of stress if not agreed on in advance. Outlining responsibilities in your prenup makes it easier to manage finances fairly during the marriage.

• Who will be responsible for normal living expenses such as utilities, insurance, or housekeeping?
• Will contributions be equal, based on income percentage, or pooled into a joint account?
• Should responsibilities change if one spouse works while the other does not?

If this section is skipped, disagreements about spending and contributions could build resentment over time, even if the prenup protects assets in other areas.

4. Medical and Dental Expenses

Healthcare is a major financial consideration. Addressing insurance coverage and out-of-pocket expenses in your prenup provides both partners with clarity about expectations and responsibilities.

• Who will cover medical and dental insurance?
• How will uncovered expenses be handled?
• Should there be special provisions for children’s medical or dental costs?

Without clear terms, one spouse may feel unfairly responsible for these expenses, leading to conflict or financial strain.

5. Taxes

Taxes often affect more than just annual filings. They can also influence how property and income are treated. A prenup can specify how tax filings will be handled and ensure the choices made don’t unintentionally change how property is characterized.

• Will you file jointly or separately?
• Should tax return filings have any effect on how property is classified?

Leaving tax issues out of your agreement can result in unintended consequences, especially if the IRS rules conflict with your intentions under California law.

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Spousal Support and Income

Spousal support (alimony) and income are often some of the most sensitive topics in a prenuptial agreement. Addressing them upfront gives both partners clarity and helps reduce uncertainty if the marriage ends. A thoughtful prenup checklist will also ensure that these provisions are drafted in a way that complies with California law, since overly restrictive terms may not be enforced.

1. Income During the Marriage

How you decide to treat income earned during the marriage will affect both day-to-day finances and long-term financial planning. California law defaults to treating all income earned during marriage as community property unless a prenup says otherwise.

• Should income earned during the marriage be considered community property or remain separate?
• Will you have joint accounts, separate accounts, or a mix of both?
• Should certain types of income like bonuses, commissions, or royalties be handled differently?

Without clear instructions, income could automatically be pooled under community property rules, which may not reflect your shared intentions.

2. Spousal Support

Spousal support is another key area where couples often want clarity. California courts scrutinize support provisions carefully, especially if they attempt to limit or waive support. While you can include terms in your prenup, they must be fair and reasonable to stand a chance of enforcement.

• Will either spouse waive the right to request spousal support in the future?
• If support will be allowed, how will the amount and duration be determined?
• Should spousal support change based on specific circumstances, like length of the marriage or whether children are involved?

Leaving this out of your prenup means spousal support will be determined solely by California law, which can create unpredictable outcomes. Including fair and carefully drafted terms helps both spouses know what to expect.

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Ready to Put Your Checklist Into Action?

Walking through this prenup checklist is a great first step, but having a lawyer guide you ensures that nothing is missed and that your agreement will hold up in California courts. At Cyrus Pacific Law, we’ve helped couples across California create prenups that are fair, enforceable, and tailored to their unique circumstances.

If you’re ready to move from planning to drafting, we’re here to help. Contact us today to schedule a consultation and take the next step toward building a secure financial future for your marriage.