Sunset Clause

A provision that causes the prenup to expire automatically after a specified number of years of marriage, returning the parties to default state law.

Sunset clauses are one way to manage long-term fairness concerns. Common terms: the prenup expires after 10, 15, or 20 years, at which point default state law (community property or equitable distribution) governs any future divorce. The clause is enforceable in most US states.

Drafters use sunset clauses to address concerns under two-look rules (the agreement is less likely to be unconscionable at enforcement if it has already sunset), to make the prenup more palatable to the less-wealthy spouse, or to reflect a genuine view that the agreement should not last forever.