In 2026, prenuptial agreements have become the norm, especially among high-net-worth couples, professionals, and Gen-Z/Millennial spouses across New York and Long Island. Once stigmatized as a sign of mistrust or only for the ultra-wealthy, prenups are now widely viewed as pragmatic financial planning tools that set you and your partner up for success.
A 2022 Harris Poll finds that while only about 15% of U.S. couples currently sign prenuptial agreements, that figure has risen dramatically from just 3% in 2010, reflecting a growing cultural shift. Prenup discussions used to be widely stigmatized, but this figure represents a cultural shift that connects prenups to financial transparency and planning before marriage.
In Long Island and New York family law practices, attorneys are reporting a noticeable increase in prenup discussions, particularly among couples marrying later in life with established careers and complex financial portfolios. More women are entering the process as initiators and equal or higher-earning financial partners than ever in history. Moreover, divorce law firms note a shift in the prenup discussion: the contract is now widely recognized as a smart approach that benefits both spouses.
Here are some important takeaways when considering a prenuptial agreement in 2026, and why signing one can lead to a more secure marriage.
Women are Increasingly Initiators
Divorce rates in New York have declined for decades. Why? Generally, both parties in a marriage, and especially women, are marrying later, and under more promising pretenses: they are more financially literate and secure. Under this same line of thinking, women are the lead actors in securing prenuptial agreements. Women are earning more than ever and entering marriage with more substantial assets of their own. As financial literacy has increased, so has the understanding that proactive planning is a form of empowerment, not distrust.
Historically, women were the financially vulnerable party in heterosexual marriages. Now, with the right resources, this is no longer the case. They are equal stakeholders in shaping the financial terms of marriage.
New York State Laws Can Be Limiting
New York divorce law provides a default framework for asset division and spousal maintenance, but those statutory rules are often blunt instruments for high-net-worth families. As an equitable distribution state, New York allows courts wide discretion in determining what is “fair,” which can create unpredictability for clients with complex financial structures. Maintenance guidelines may also feel rigid when applied to executives, business owners, or individuals with fluctuating income. Prenuptial agreements allow couples to opt out of these limitations, replacing generalized statutes with customized terms that reflect their actual financial realities, values, and long-term objectives.
Wealth Transfer AND Wealth Protection
Prenuptial agreements are often misunderstood as purely defensive documents, but for many clients, they are equally about intentional wealth transfer. Many clients want to protect premarital assets while also ensuring their spouse is financially secure during the marriage, and in the event of divorce or death. A well-drafted prenuptial agreement can balance generosity with protection and elucidate expectations. When done thoughtfully, prenuptial planning preserves relationships for Long Island couples, supports fairness, and aligns financial outcomes across life’s most significant transitions.
You Deserve Clarity
When working with a lawyer to sign a prenuptial agreement, you, your spouse, and your respective attorneys must work collaboratively to crystallize, clearly outline, and mutually understand every term of the contract. This process should include thoughtful discussion, full financial disclosure, and sufficient time for review and negotiation, well in advance of the wedding. A prenup should never feel rushed or opaque. Instead, it should reflect informed decision-making, shared expectations, and a clear understanding of how assets, income, and obligations will be handled both during the marriage and in the event of divorce or death.
The legal system, by its very nature, is designed to produce a winner and a loser. Access to proper measures, such as a solid prenup that you and your partner understand, sets you both up for success.
In the case that you and your partner get divorced, a prenup, in tandem with an attorney who is intent on alternative divorce resolutions such as mediation, negotiated settlement, and collaborative divorce, as opposed to conflict, can set you and your partner up for an amicable experience that avoids the unpleasantries and oftentimes trauma of unending court battles. Ultimately, having a plan lessens pressure on you and your spouse as inevitable bumps in the road occur during marriage.
Frequently asked questions:
Do prenuptial agreements make divorce more likely?
No. Research consistently shows that divorce rates have declined over the past several decades, particularly among couples who marry later and enter marriage with greater financial literacy. Prenuptial agreements do not cause divorce; rather, they reflect proactive communication about finances, expectations, and long-term planning, factors associated with greater marital stability.
How does a prenup support a healthier divorce if one occurs?
A well-drafted prenuptial agreement reduces uncertainty, conflict, and litigation. By defining asset division and support obligations in advance, couples avoid prolonged disputes during an already emotional time. Studies indicate that divorces resolved through clear agreements are faster, less costly, and less adversarial.
Are prenups only for the ultra-wealthy?
While high-net-worth individuals use prenups at significantly higher rates, their core benefit, clarity, applies universally. A prenup creates a framework that allows both spouses to exit a marriage with dignity, financial stability, and a clearer path forward.
Who should guide the divorce process when a prenup is involved?
The most successful outcomes come from working with a law firm that sees divorce as a transition to be managed, not a battle to be won. Kim Ciesinski’s divorce law firm, Alternative Dispute Resolution, is known for using prenuptial agreements as a foundation for cooperation, helping clients avoid unnecessary court involvement and prolonged conflict whenever possible.
Read the New York Times article “The ‘All’s Fairs’ Guide to Modern Divorce”’ Here
