25 Creative Clauses You Can Include in a Prenup

Most people think prenups are just about protecting separate property or waiving spousal support. But a thoughtful, personalized prenup can do much more. Here are some creative ideas for a premarital agreement.

·       - Delay the start of community income until a specific event (e.g., birth of a child or 5-year anniversary).

·       - Define what happens if one partner contributes separate funds to a shared home—including reimbursement and appreciation.

·       - Specify how future real estate purchases will be titled and managed.

·       - Treat stock options, RSUs, or startup equity earned during marriage as separate or shared.

·       - Include required notice or consent for major financial transactions above a certain threshold.

·       - Mandate that spouses remain named beneficiaries on life insurance or retirement accounts.

·       - Require annual financial check-ins or account disclosures.

·       - Carve out how inheritances will be treated, including whether use in joint accounts alters their character.

·       - Designate how business ownership and growth will be treated—whether formed before or during marriage.

·       - Create a plan for how to handle one spouse supporting the other through grad school or career transitions.

·       - Include compensation or reimbursement for unpaid labor (child-rearing, working in a family business, etc.).

·       - Allow for automatic updates to certain terms after major life events (e.g., having children, buying a home).

·       - Create tiers of spousal support based on length of marriage or specific circumstances.

·       - Waive spousal support under normal circumstances, but allow exceptions for disability or stay-at-home parenting.

·       - Require mediation or collaborative law before filing for divorce.

·       - Create rules around charitable giving or financial support for extended family.

·       - Outline whether gifts exchanged during marriage become community or remain separate.

·       - Agree to joint or separate tax filing and how liabilities/refunds will be divided.

·       - Require written agreement for significant credit card debt or new loans.

·       - Include an expiration date for the prenup or certain provisions (e.g., after 10 or 20 years).

·       - Set rules for retirement savings—whether contributions are joint or separate.

·       - Require continued financial support for a non-earning spouse in the event of disability or illness.

·       - Specify expectations and protections related to fertility treatments or surrogacy costs.

·       - Include values-based clauses that reflect your shared goals and commitments (like financial transparency or mutual respect).