If you are the lower-earning partner entering a marriage, prenups can be valuable, if not critical, for you as well. No, prenups are not only about protecting your higher-earning partner’s wealth; they clarify your marriage’s expectations, trade-offs, and long-term security.
Let’s dive in.
Prenups = Structure
It’s reasonable for a higher-earning partner to want to keep certain assets separate, like income, businesses, real estate, or future investments.
What matters just as much is what that structure means for you, as the other spouse.
Money decisions shape how a marriage functions. They affect who works, who steps back, and who absorbs risk.
The Career Trade-Off
A common dynamic arises when your partner earns enough to support both spouses.
The offer sounds simple: “You don’t need to work.” But that decision is rarely simple.
Stepping away from work can mean giving up your income, career growth, retirement contributions, and financial independence. It often comes with new expectations, including childcare, household management, and essential unpaid support roles.
Those contributions have value, so it’s important to factor in their long-term consequences.
How a Prenup Creates Balance
BEFORE getting married, what conversations about MONEY should you have with your partner?
Use this guide to discuss budgets, assets, debts, goals, joints bank accounts and more.
Get the guideA thoughtfully drafted prenup can address these realities directly. It can:
- Recognize the sacrifices created by time spent out of the workforce
- Define financial support tied to those sacrifices during or after marriage
- Set clear expectations around the non-working spouse’s responsibilities
- Factor in dollars and cents for caregiving and household contributions
Should the Lower-Earning Spouse Raise the Issue?
Yes, but only after considering whether the default marriage laws in your state (especially if it’s a community property state) work in your favor.
For example, in community property states like California, income earned during the marriage is generally treated as community property, regardless of who earns it. If one spouse earns substantially more while the other earns little or steps back from work, the lower-earning spouse may benefit from an equal share of marital income and assets in a divorce. In that situation, the default law may already provide meaningful protection.
By contrast, the same laws can work against a lower-earning spouse in other states. Without a prenup, the lower-earning spouse may leave the marriage with limited rights to assets that grew in value but remained separate.
Final Thought
When one partner earns significantly more, a prenup should not be seen as unromantic or one-sided. Done correctly, it is a tool for fairness, buy-in, and long-term success.
And it allows both partners to enter the marriage with their eyes open and their interests protected. The bottom line is, not everyone needs a prenuptial agreement. But everyone should talk about one.
If you’re planning on getting married, I can help you craft a prenup tailored to your goals and needs, whether you’re the lower or higher-income earner. So get in touch, and we’ll get your marriage off to a great start.