What is included in a prenuptial agreement?

In premarital, or prenuptial, agreements the most common provisions deal with property acquired during the marriage, particularly salary and other work-related income, like stock options. Without a premarital agreement, this income is marital property and will be divided at death or divorce in accordance with state law. The prenuptial agreement usually makes this property the separate property of the spouse who earns it. This would mean that neither spouse has any right to the other's property in the event of divorce and, depending upon state law, it may also affect the property rights that each spouse has if the other dies.

Another common provision might set out or limit the amount of spousal support (alimony) payable if there is a divorce. Another might limit the amount that a spouse would receive when the other spouse dies.

Some provisions might not be enforceable. For example, a provision that any children will be raised in a particular religion or attend a particular school might not be enforced by some judges. And any agreement limiting the amount that a parent will pay in child support or determining custody rights in the event of a divorce will probably not be enforced. Also, provisions that eliminate or limit spousal support obligations at divorce might not be enforced.