The Belle Burden Effect: Why More Couples Are Adding a "Children Exception" to Their Prenups

Belle Burden's Strangers: A Memoir of Marriage shows how a prenup signed in good faith can work against the spouse who steps back to raise children. Couples are taking note. In prenups and postnups created with Neptune in 2026, only 18% waive spousal support outright, down from 22% last year. More than half now include a "children exception," which makes support available if the couple has children. Family law attorneys David Gross and Josie Marino say couples should plan for how life might change, understand what they sign, revisit the agreement over time, and talk before big purchases.
A story about a prenup
Most people read Belle Burden's best-selling memoir Strangers: A Memoir of Marriage as the story of a marriage coming apart. We read it as the story of a prenup, and how an agreement signed in good faith can look completely different twenty years later.
Since her book came out, couples have been rethinking what they sign. In prenups and postnups created with Neptune this year, fewer couples are waiving spousal support outright, and more than half now include a "children exception."
Neptune CEO Sol Lee sat down with family law attorneys David Gross and Josie Marino to walk through what went wrong for the author, what Neptune couples are doing differently, and what every couple can learn from it.
The prenup Belle Burden signed
Belle Burden came from significant family wealth, so when she got married her mother insisted on a prenup. Her lawyer suggested splitting marital property 50/50. However, her fiancé asked for title control instead: whoever's name is on an asset owns it, and anything in both names is shared.
Neither attorney found that alarming on its own. "Somebody with generational wealth, looking to protect it, makes sense to me so far," David said. Josie agreed: "I'm not offended by the title control structure. I'd just want to know more about what happened during the marriage."
A divorce twenty years later
Over the next twenty years, Belle stepped back from her career to raise their three children. She used her trust money to buy their Manhattan apartment and Martha's Vineyard house, and put both names on each title. As Josie explained, under title control, "anything in her husband's name goes to him, anything in Belle's name goes to her, and anything joint is shared." Her husband, who worked for a hedge fund, kept his earnings in an account in his name alone, so they stayed his.
At the start of the Covid lockdown, a stranger called to tell Belle that his wife and her husband were having an affair. Soon after, her husband asked for a divorce. What followed was a fight that lasted until the day they were due in court. In the end, Belle kept the homes she had paid for but he kept everything he earned.
The person who wanted the prenup for protection was the one left exposed.
On the surface, it reads like a society-page scandal. Take away the zeros, though, and it's one of the most common stories in family law.
The Belle Burden effect
Belle's story turns on a moment most couples can picture: one partner steps back from work to raise children, under terms written before anyone knew that would happen. More couples are now planning ahead for that moment.
In the prenups and postnups lawyers created with Neptune, fewer couples are waiving spousal support outright: 18% so far in 2026, down from 22% last year. Instead, about two thirds now write their own terms, and most of those work as "waived, unless..." Support is off the table by default, but it starts if the couple has children, or if one spouse becomes seriously ill or disabled.
The "children exception" is growing fastest. It now appears in over half of this year's agreements, up from about a third in 2025. Couples are also writing in exceptions for caring for a family member, stepping back from work, and staying married past a set number of years.
The time to plan for a career pause is before it happens, while you're both still writing the terms together.
Here's what the attorneys recommend:
Lesson 1: Protect future you
Terms that seem fair at signing can work very differently once life happens. David described a pattern he sees again and again: "If one of you is working and carrying the household, every dollar they save is only for them. The other isn't saving anything. That one pile gets huge, the other stays flat, and that's a big problem at the end of a divorce."
Good attorneys play these scenarios out for couples before anyone signs:
- What happens to spousal support if one of you steps back to raise children?
- Should support have a floor, or a formula tied to the length of the marriage?
- How do you make up for years without retirement contributions?
- What if one of you gets sick, or needs to care for a family member?
- What if someone inherits money, or a family trust starts paying out?
"You can't only look at the circumstances today," David said. "You have to talk about the future."
Lesson 2: Know what you signed
Josie saw two mistakes in Belle's story. The first was not understanding how the terms would interact with plans for the family, like stepping away from a career. The second was treating the prenup as a box to check. "Sometimes people think, let's just rush to the finish line, sign the prenup, check it off our list and live happily ever after," she said. But the events of a marriage are exactly what make understanding the agreement so important.
Belle has said as much herself. "The more this went on, the more I convinced myself that I couldn't understand the finances, which is absurd, as I'm a corporate lawyer," she told the Los Angeles Times.
Lesson 3: Revisit your plan as life changes
Things change, David said. "People inherit money. People need to relocate. People get laid off and lose their jobs. All of those are conversations that can tell you maybe this term doesn't make sense anymore."
Some prenups build this in. Josie noted that some agreements require couples to sit down, say every fifth anniversary, and review the terms together. If something no longer fits, couples can amend the agreement or sign a postnup that updates or replaces the old terms. No state sets a deadline for a postnup, but both spouses have to agree to it, and it's easier while records are clear.
Even when one partner isn't acting in good faith, David said, the conversation itself can be a wake-up call. "Maybe that conversation turns on the lightbulb, and she says, wait a minute, this isn't going the way I thought."
Lesson 4: Talk about big purchases together
If one partner is putting separate money into a home, talk about how it's titled first. In Belle's case, the title decided everything, and in many states, putting both names on a deed is one of the most common ways separate money becomes shared. "I know that's an awkward conversation," David said. "But if you start the groundwork at the prenup, it's easier and more natural than bringing it up out of nowhere."
What real love looks like
As both attorneys said, the person you marry is not the person you divorce. People change, and circumstances change with them. A prenup works best when it's the start of an ongoing conversation about money, not a document you sign and forget.
Real love talks about money. Not once, but as your life keeps changing. Start that conversation with Neptune.
Neptune is not a law firm and does not provide legal advice. David Gross and Josie Marino are independent attorneys.
Frequently asked questions
What happened with Belle Burden's prenup?
Belle's prenup used title control, so ownership followed whose name was on each asset. She used her trust money to buy homes in both names, which made them shared. Her husband kept his earnings in an account in his name alone. In the divorce, she kept the homes after a long fight, and he kept everything he earned.
What is a title-control prenup?
A title-control prenup decides ownership by title. Whatever is in your name is yours, whatever is in your spouse's name is theirs, and anything in both names is shared. It can look simple at signing, but how it works out depends heavily on how money moves during the marriage.
Would a different prenup have changed Belle Burden's outcome?
No one can say for sure. Family law attorneys David Gross and Josie Marino point to what was missing: the terms were never tested against how life might change, like one spouse stepping back from work, and they were never revisited. An agreement that planned for those scenarios might have worked very differently.
What is a "children exception" in a prenup?
A children exception is a "waived, unless..." term. Spousal support is waived by default, but it becomes available if the couple has children. In prenups and postnups created with Neptune, it appears in more than half of 2026 agreements, up from about a third in 2025.
Can you waive spousal support in a prenup?
In many states, yes, but the rules and limits vary by state, and courts may look at whether a waiver is fair. More couples now write conditions into the waiver instead of waiving support outright, for example if the couple has children or one spouse becomes seriously ill.
Do both partners need their own attorney for a prenup?
It's strongly advised, and some states require it for certain terms. A separate attorney for each partner helps make sure both of you understand what you're signing, which matters if the agreement is ever questioned later.
Can you change a prenup after you're married?
Yes. Couples can amend the agreement or sign a postnup that updates or replaces the old terms. No state sets a deadline for a postnup, but both spouses have to agree to it.
How often should you review your prenup?
There's no set rule. Some agreements require couples to review the terms together at set points, such as every fifth anniversary. Big life events are also a good reason to look again: an inheritance, a move, a job loss, or having children.
Is it too late to plan if we're already married?
No. A postnup covers much of the same ground as a prenup, including property and spousal support. It's often easier while financial records are clear and both partners are on the same page.
How does Neptune help couples create a prenup or postnup?
Neptune starts with a guided intake that walks you through your finances and goals in plain language. Each partner then chooses their own independent family law attorney from Neptune's network to draft and review the agreement. Neptune charges one flat fee of $5,000 per couple, which covers both attorneys, and you don't pay anything to get started.
Written by
Ronke Oyekunle
Co-Founder & COO, Neptune

Reviewed by
Michael Cotugno, Esq.
Managing Partner, Neptune Legal · 30+ years practicing family law
Michael has been practicing family law for more than 30 years and as Managing Partner of Neptune Legal, he is widely recognized for his expertise in premarital agreements and estate plans. After spending the first two decades of his career handling family law litigation, he saw firsthand the emotional and financial costs couples often face when issues are not clearly addressed early on. This experience led him to focus his practice on helping clients proactively create thoughtful, well-structured agreements.