Flipping the Script: How Women Can Use Prenups to Empower Themselves in Marriage
Prenuptial agreements date back over 2,000 years to ancient Egypt, where they were contracts that outlined the property each spouse would bring to a marriage and established the bride’s dowry. These contracts were not documents drafted by lawyers or negotiated by the couple but rather agreements made between the parents of the betrothed.
Egyptians were not the only culture to embrace the concept of prenups. The Hebrew culture has a version of a marriage contract called the Ketubah, and it is one of the first legal documents that gave financial rights to women within a marriage. In European cultures, royals and elites often negotiated prenups to secure property rights, and in the United States, prenuptial agreements were necessary for women to secure property rights before the 1848 Married Women’s Property Act allowed them to inherit property independently.
Evolution of Prenups as a Tool for Male Empowerment
Through the 19th and 20th centuries, prenups evolved from family-controlled agreements to personalized contracts that couples negotiated together. Through this evolution, prenups became a tool designed to protect the wealth and assets of the higher-earning spouse, usually the man. They often included restrictive clauses that limited women’s financial independence or access to assets during and after marriage. This one-sided design reinforced financial dependency and prevented women from maintaining control over assets or establishing financial security outside the marriage. Women who served as primary caregivers or managed the household without working outside the home were particularly vulnerable. Without protections, these women found themselves financially unprotected if a marriage ended. The prenup thus reinforced gender disparities and left many women without the ability to leave an abusive marriage or the financial means to rebuild their lives post-divorce.
How Prenups Can Empower Women
However, as societal norms and gender roles have evolved, so has the role of the prenup. Today, women can use prenups as tools to secure their financial futures, preserve their independence, and establish a balanced power dynamic in marriage. With the shift toward greater gender equality, women now contribute to family finances in diverse ways, from business ownership to investment management, and they increasingly expect a say in financial decisions.
As women’s economic independence has grown, so has the understanding that prenups can provide protection and fairness for both partners and recognizing the non-financial contributions of stay-at-home spouses and caregivers as well. Modern prenuptial agreements can serve as mutually beneficial contracts that reflect respect and shared goals. A well-drafted prenup can offer women security by protecting assets, specifying alimony,
and ensuring financial stability in various scenarios.
Whether a woman continues her career or chooses to stay home, she can use a prenup to protect her future. Today’s prenup can include clauses that preserve income-generating assets and future investments, positioning women to enter marriage with a sense of financial control and security.
Specific Ways Women Can Use Prenups to Balance Power in Marriage
One of the most straightforward ways a prenup can empower women is by protecting the assets they bring into the marriage. Personal property, such as real estate, investment accounts, or family inheritances, and the income that property generates can be designated as separate property in a prenup. Provisions can be written so that the property is preserved or reimbursed in the event it is shared with the marital estate during the marriage.
Prenups can also allow women to negotiate fair financial support, particularly if they take on a primary caregiving role. Alimony clauses can be customized to meet each partner’s needs, but if alimony seems distasteful, then women can also negotiate for income-producing assets or retirement contributions instead of traditional alimony. This flexibility in structuring support provisions enables women to secure their financial futures while reducing reliance on spousal support.
Women who own businesses or hold intellectual property can use prenups to safeguard their professional achievements. Without a prenup, a business or creative income could be considered marital property and divided in the event of divorce. Prenups allow women to protect these assets and their
income, ensuring they retain control over their professional interests and future earnings.
A prenuptial agreement can also prevent one spouse from becoming liable for the other’s debts, a vital protection for women entering a marriage with a financially unstable partner. For instance, if one partner has significant debt, addiction issues, or plans to start a risky business, a prenup can protect the
other spouse from bearing responsibility for those financial risks.
For blended families, a prenup can help prioritize a woman’s children from a previous relationship by clearly specifying financial responsibilities. For instance, a prenup can ensure that college tuition or vehicle expenses covered by marital funds won’t become contentious later. It can also carve out certain assets that will belong to the children in the event of divorce. Such provisions can be essential for women looking to maintain a legacy for their children while entering a new marriage.
Practical Tips for Attorneys Working with Women on Prenups
Many clients may feel hesitant about discussing prenups, fearing they could disrupt harmony in their relationship. Others may be ashamed of or uncomfortable discussing debts and financial matters. Attorneys can help by fostering a collaborative approach that frames the prenup as a proactive step toward a secure future, emphasizing mutual benefit rather than conflict or embarrassment.
Attorneys can also encourage clients to consider their financial goals and how a prenup can support them. Attorneys can help clients articulate what financial security means to them, both in marriage and independently. This clarity helps client’s approach prenup discussions with confidence and a focus on fairness. Clients should also be advised of the importance of each party having separate legal representation. This step reinforces the prenup’s fairness and validity while empowering clients to feel secure in their decisions.
Lastly, attorneys can educate clients about current marital property laws and on modern prenup options. By providing this information, attorneys empower clients to make informed choices that reflect their values and needs.
Conclusion
Prenups are no longer the one-sided agreements they once were. Today, they can be tools that provide financial security and preserve a woman’s independence within marriage. Attorneys play a crucial role in educating clients on the empowering potential of prenups, and family law attorneys can help clients view prenups as a valuable resource in strengthening marriage.
*This article by Alexandra Geczi was originally published in the 2024-2025 Winter Section Report for the State Bar of Texas Family Law Section and is reprinted here so that the public can view and access this article.