Prenups are on the rise, says Jacqueline Combs, a Los Angeles-based matrimonial and family law attorney.
A prenuptial agreement spells out how financial assets like investments, real estate and joint accounts will be divided in the event of a divorce. A 2022 survey by the Harris Poll found that 42% of U.S. adults support the use of prenups, and 35% of those who aren’t married say they’d likely sign one in the future.
In 2010, just 3% of married or engaged couples had a prenup.
Combs, who’s represented celebrities like Emily Ratajkowski and Chris Appleton, has seen a higher rate of prenups in younger generations. For Gen Z, for example, mental health is at the forefront and “the taboo of divorces is long gone,” she says.
Here are a few reasons she believes Gen Z is embracing prenups.
‘There’s so much more access to information today’
Born between about 1997 and 2012, Gen Zers grew up in a time with greater access to the internet. Many also came of age when smartphones became the default cellphone of use.
As such, for this younger generation, “there’s so much more access to information,” says Combs, “via the news, social media, the internet.”
Combined with seeing how divorce has played out in their own families, Gen Z now has more awareness about what marriage and divorce can look like, including an awareness about financial decisions couples can make.
Gen Z wants transparency and ‘clear expectations’
Combs has also seen this generation approach relationships a little differently.
Gen Z is looking for “authenticity in their relationships” and “clear expectations,” she says. They want open conversation and transparency, including transparency about finances.
A quarter of Gen Zers believe an honest conversation about money should occur after the initial stage of getting to know each other but before you get serious, according to Northwestern Mutual’s 2023 Planning and Progress Study. And 38% believe the conversation should happen after you’re serious but well ahead of marriage and living together.
Big picture, this rise in prenups is a trend Combs supports. One of the biggest reasons for divorce is money, she says.
“You want clear financial expectations up front so that you are aligned on money decisions and you can avoid disputes” down the line, she says.
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