A Complete Guide to Prenup Example Clauses: Essential Elements to Consider

If you’re planning to tie the knot, you and your partner might be discussing a prenup. It’s natural for couples to talk about how they’ll handle finances, assets, and responsibilities before saying “I do.”

It raises the question of what a well-structured prenup actually looks like. For starters, think of a prenuptial agreement as a blueprint for your financial future with your partner. A prenup helps couples plan a strong future based on shared financial goals.

This guide will walk you through examples of prenup clauses, from foundational financial terms to more personal provisions like lifestyle and infidelity clauses. We’ll break down common prenup clause types so you can tailor them to reflect your values, priorities, and relationship.

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What Is a Prenup Clause?

A prenup clause is a specific agreement you and your partner include in your prenup. These clauses outline how certain financial, legal, and sometimes personal matters will be handled during the marriage or if circumstances change.

For example, a prenup clause might clarify that any property owned before the marriage will remain individual property. Another might define how future debts will be divided. Together, these clauses form the backbone of your prenup, giving it purpose and direction.

When you view a prenup as the blueprint for your financial partnership, think of the clauses as the rooms in that blueprint.

Common Prenup Example Clauses (And What They Mean)

Let’s go over some frequently used clause types. We've included plain-English explanations to help you understand what they do and whether they’re right for your relationship.

1. Asset and Property Division

Here are examples of how a couple of clauses might read:

“Each party shall retain ownership of all assets acquired before the marriage, including real estate, investment accounts, and personal property.”

In an asset and property division clause, you’re essentially outlining what belongings will remain separate and how jointly acquired assets will be handled in the future. This helps clarify what each partner is bringing into the marriage, and what stays individually owned if the relationship ends.

“All income during the marriage from either party will be considered marital property.”

The clause above states that any income earned during the marriage, regardless of who earns it, will be considered the property of the “marital unit” aka you and your partner. 

The terms ‘separate property’ and ‘marital property’ commonly appear in prenups. “Property” is used broadly to mean assets, debts and earnings i.e. income, physical property like homes, investments etc. are all considered “property”. “Separate property” refers to property that is owned just by just one person. Marital property is owned by the marital unit. Generally speaking by law, any property acquired before the marriage or any inheritances received during the marriage are considered separate property. Any other property acquired during the marriage is considered marital property. A prenup helps to reduce the complexity of “separate” vs “marital property” by creating a framework for how these properties will be treated. 

2. Spousal Support

“If the marriage ends in divorce after five years or more, Party A agrees to pay Party B $2,000 per month in spousal support for a duration equal to half the length of the marriage.”

These spousal support clauses can be as simple or as detailed as needed, depending on your circumstances. Some couples choose to waive spousal support entirely; couples like the one in this example use the prenup to define spousal support terms based on career sacrifices, caregiving roles, or anticipated lifestyle changes.

3. Debt Allocation

All debts and liabilities of any nature incurred by one party during marriage shall be the separate obligation of the party incurring the debt, regardless of whatever recourse the creditor against the non-incurring party. 

Debt is easy to overlook during the excitement of wedding planning, but addressing it early can prevent surprises and help both of you later. Plus, state laws can vary when it comes to debt. 

For instance, in community property states like California or Texas, debts incurred during the marriage are generally considered shared, regardless of whose name is on the account. However, a prenup can override this default, but only if the prenup is clearly written and legally sound.

4. Inheritance and Gifts

Here's an inheritance clause example: "All inheritances and gifts received by either party during the marriage shall remain the sole and separate property of the recipient. This includes any appreciation, income, or proceeds from such inheritances or gifts. However, if either party voluntarily commingles inherited assets with marital property, such as depositing funds into a jointly-titled account, those specific assets may lose their separate property status."

Inheritance and gifts are often emotionally charged, especially when family wealth or heirlooms are involved. If you or your family plan to transfer wealth or property, this clause ensures it stays as your separate property, even in states where family laws might say otherwise.

5. Prenup Infidelity Clause Example

“If either party engages in an extramarital affair, the other party shall be entitled to a financial settlement of $250,000.”

Infidelity prenup clauses are generally more symbolic than practical. Many states do not enforce cheating clauses and it’s difficult to find the evidence needed to enforce the clauses. Do note, some states like Maryland have enforced cheating clauses in postnuptial agreements. These clauses create clear repercussions for cheating. 

It is more important to talk with your partner about cheating than it is to include a cheating clause in your prenup. It opens up a valuable and complex conversation around trust and accountability in the relationship.

Lifestyle Clauses: More About Meaning Than Enforcement

Not all prenup clauses are about money. Beyond cheating clauses, couples can include other personal or “lifestyle” clauses to clarify expectations around everyday life. These can cover everything from how they handle social media to who keeps the dog. 

Examples of lifestyle clauses include:

• Relocation Agreements: What happens if one partner gets a job in another city?
• Pet Custody: Who takes care of the dog or cat in case of separation?
• Social Media Guidelines: What’s off-limits to post?

While some lifestyle clauses (e.g., infidelity clauses) aren’t legally enforceable, others are becoming more common and are enforceable (e.g., pet custody clauses). These clauses help couples embrace important conversations early and reduce the chance of miscommunication later on.

The Bottom Line: Neptune Makes Prenups Easier

While reviewing examples of prenup clauses is a helpful first step, they don’t address your specific goals and needs for a strong financial future with your partner. Working with a qualified family lawyer through Neptune will help you navigate difficult conversations with your partner, make sure the correct questions are addressed, and build a prenup that is customized to your needs.

Neptune is the financial concierge that wealth-building couples trust to lay the foundation for their shared future, starting with prenups. By combining emotionally-intelligent AI, vetted legal experts, and transparent flat-fee pricing, Neptune creates financial alignment, transforming a traditionally tense process into a relationship-strengthening experience.

Ready to move beyond examples and into something that fits your life? Talk to Neptune today.