Not sure what to include in a California prenup? This interactive clause finder highlights common financial issues couples may want to discuss with their attorneys — from debt and income gaps to business ownership, second marriages, and career sacrifice.
Important: The examples below are general, educational illustrations only and may not be enforceable as written in California or any other state. They are not legal advice. Always have any prenuptial agreement drafted and reviewed by your own lawyer.
Select relevant issues to see matching clauses:
Clarifies that gambling‑related debts remain the responsibility of the spouse who incurs them.
Example: Any gambling‑related debts or losses incurred by either party during the marriage shall be treated as that party’s separate obligation. The other spouse’s separate property and any agreed‑upon community assets shall not be liable for such debts, except as otherwise agreed in writing.
Addresses how financial obligations arising from substance use issues may be allocated.
Example: If either party incurs significant expenses related to alcohol or controlled substance use (including treatment, legal fees, or related debts), those obligations shall be treated as that party’s separate responsibility unless both spouses expressly agree otherwise in writing. The parties also acknowledge that they may seek professional assistance if substance use impacts the marriage.
Encourages budgeting and clarifies when large purchases are treated as separate obligations.
Example: The parties agree to communicate about major non‑essential purchases and to work from a mutually acceptable budget. Any non‑essential purchase by one spouse over an agreed‑upon threshold (for example, $5,000) made without the other spouse’s consent may be treated as that spouse’s separate obligation in any future property division, subject to applicable law and the advice of counsel.
Clarifies responsibility for debts incurred before and during the marriage.
Example: Each party remains solely responsible for debts incurred in their own name before the marriage. During the marriage, debts incurred jointly or for the benefit of both spouses may be treated as shared obligations, while debts incurred solely in one spouse’s name for their exclusive benefit may be treated as that spouse’s separate liability, consistent with applicable law.
Confirms that inheritances remain separate property unless clearly re‑characterized.
Example: Any inheritance received by either party, whether before or during the marriage, shall be treated as that party’s separate property. If inherited funds are contributed to jointly titled assets, the parties agree to keep reasonable records so that contributions can be traced and addressed in any later property discussion, as permitted by law.
Recognizes the impact of one spouse reducing work or relocating for the marriage or family.
Example: If either party reduces work hours, leaves employment, or relocates primarily to support the marriage, the other spouse’s career, or caregiving responsibilities, the parties acknowledge that such sacrifices are significant contributions to the marital partnership and may be considered when discussing support and property division with their attorneys.
Clarifies that pre‑marital wealth and its growth are generally treated as separate property.
Example: The parties recognize that one or both enter the marriage with substantial separate assets. Assets owned by either party before marriage, and any passive increase in value of those assets, are intended to remain that party’s separate property, unless the parties later agree in writing to re‑characterize them under applicable law.
Acknowledges income differences and encourages thoughtful support planning with counsel.
Example: The parties acknowledge a significant difference in their incomes and agree to consider this disparity when discussing any future support arrangements with their attorneys. Any support provisions shall be drafted in compliance with applicable law and reviewed by independent counsel for each party.
Addresses how existing and future business interests are treated.
Example: Any ownership interest in a business held by a party prior to the marriage, including any passive increase in value, shall generally remain that party’s separate property. If marital funds or either spouse’s labor are contributed to a business, the parties agree to keep records of those contributions and to consult counsel about any reimbursement or allocation that may be appropriate under applicable law.
Recognizes financial support provided for the other spouse’s education or licensing.
Example: If either party provides substantial financial support toward the other’s professional degree or license during the marriage, the parties acknowledge that these contributions may be considered in any future discussion of reimbursement, support, or property division, consistent with applicable law and the advice of counsel.
Clarifies treatment of retirement accounts and pension benefits.
Example: Retirement accounts and pension benefits accrued by either party before marriage shall be treated as that party’s separate property to the extent allowed by law. Contributions and accruals during the marriage may be allocated between the parties as set forth in this agreement and any qualified domestic relations orders prepared with the assistance of legal counsel.
Encourages maintaining appropriate life and health insurance coverage.
Example: The parties agree to discuss and maintain appropriate life and health insurance coverage, including reviewing beneficiary designations from time to time. In the event of separation or divorce, each party will consult with counsel about how any support obligations and insurance needs should be addressed.
Addresses confidentiality of personal and financial information.
Example: Both parties agree to keep sensitive personal and financial information about their marriage confidential and not to disclose such information to third parties, except with consent or as required by law. Either party may seek appropriate legal remedies if a breach of confidentiality causes harm, subject to applicable law.
Addresses premarital assets and obligations from prior relationships.
Example: The parties acknowledge that one or both have obligations and assets from prior relationships. Assets held before the marriage or designated for children from a prior relationship are intended to remain that party’s separate property, subject to any estate planning documents prepared with counsel.
Clarifies how remarriage may affect certain financial expectations.
Example: The parties understand that a future remarriage by either spouse may affect rights and obligations under applicable law. They agree to consult counsel about how any support or inheritance provisions in this agreement interact with later remarriage and estate planning.
Addresses financial expectations for children from prior relationships.
Example: Each party’s children from prior relationships shall remain that parent’s primary financial responsibility, unless otherwise agreed in writing. The parties agree to consider estate planning (such as wills or trusts) to provide for children from previous relationships in coordination with this agreement.
Addresses how to handle financial consequences if addiction issues arise.
Example: If either party experiences addiction‑related challenges (such as alcoholism, drug dependency, or compulsive spending), the parties agree to communicate about treatment options and the financial impact. Significant debts or expenses arising solely from such behavior may be treated as that party’s separate responsibility, subject to advice from their attorneys and applicable law.
Recognizes the financial and time impact of caring for family members.
Example: If either party assumes substantial caregiving duties for a family member (such as an elderly parent or relative), the parties agree to discuss how to share related expenses and how any reduction in that spouse’s income may be considered in future financial planning, including any discussions about support or property division with their attorneys.
Legal Disclaimer
This tool is for informational purposes only and does not constitute legal advice. For enforceability and legal review under California law, consult with a qualified prenuptial agreement lawyer.
