Compare Prenup Laws by State, Side by Side
Pick 2–3 states. We'll line up their statutes, requirements, and typical costs so you can see the differences at a glance.
Why compare? Couples often sign in one state and divorce in another. Some states will apply the agreement under their own law — not the one named in the contract. If you might move, comparing matters.
Pick 2 or 3 states to compare
What the differences mean for you
Statutory framework matters less than people think
UPAA vs. UPMAA vs. "own" looks important on paper but mostly affects how courts label the defenses available. The substantive requirements — writing, signing, voluntariness, disclosure — are similar across frameworks. The exceptions worth caring about are the procedural extras: California's 7-day rule, Minnesota's notarization-plus-two-witnesses, New York's acknowledgment requirement.
Community property is the biggest hidden variable
In a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), the default rule absent a prenup is that property and earnings acquired during marriage are jointly owned. In every other state, courts apply "equitable distribution" — which means "what's fair," not "50/50." A prenup that makes sense in California may be unnecessary in Pennsylvania, and vice versa.
Independent counsel is doing more work than the statute admits
California is the only state that requires independent counsel by statute (or an express written waiver). But in practice, courts in almost every state weight the absence of independent counsel heavily against enforceability. The cost difference between "one attorney" and "two attorneys" is small compared to the risk difference.
Choice-of-law clauses are not a guarantee
A prenup signed in California with a clause saying "California law governs" doesn't always survive a move to another state. The new state's courts decide which law applies — and they can refuse to apply the original state's law if it violates their public policy. See DeLorean v. DeLorean (NJ 1986). If you might move, plan accordingly.