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Prenup laws by state

All 50 states + D.C. · 9 community-property states · Updated September 2026

Why your state is the whole game

A prenup replaces your state’s default rules with your own — so the first thing to know is what those defaults are. Pick your state for its property-division system, typical cost range, and execution rules. Not sure where to start? The cost calculator shows every state’s range in one screen.

Equitable

Alabama

Alabama applies equitable-distribution factors — and below-average attorney rates keep drafted prenups toward the affordable end.

$1,000 – $4,500 typical range

Equitable

Alaska

Alaska defaults to equitable distribution, but it is one of the few states where couples can opt into community property by written agreement.

$1,200 – $5,000 typical range

Community property

Arizona

Arizona is a community-property state: without a prenup, marital property is generally divided 50/50.

$1,500 – $6,000 typical range

Equitable

Arkansas

Arkansas divides marital property equitably — and it is one of the few states where marital fault can still influence the split.

$1,000 – $4,000 typical range

Community property

California

California is community property and home to the country’s highest family-law rates — landmark cases like Marvin v. Marvin also shaped cohabitation rights.

$2,500 – $10,000 typical range

Equitable

Colorado

Colorado uses equitable distribution with strict full-disclosure expectations — a prenup sharply narrows what is left to argue about.

$1,500 – $6,500 typical range

Equitable

Connecticut

Connecticut divides property equitably with a strong eye toward the length of the marriage; attorney rates run above the national average.

$2,000 – $7,500 typical range

Equitable

Delaware

Delaware follows equitable distribution — and proximity to the Philadelphia–Wilmington corridor pushes hourly rates up a tier.

$1,500 – $6,000 typical range

Equitable

District of Columbia

The District of Columbia divides property equitably; like every big-city market, attorney rates sit at the top of the national range.

$2,500 – $9,000 typical range

Equitable

Florida

Florida is equitable distribution: courts start from a 50/50 split of marital assets, then adjust — a prenup usually keeps the split where you left it.

$1,500 – $7,000 typical range

Equitable

Georgia

Georgia applies equitable-distribution factors; clean records of what stayed “separate” before the wedding are worth their weight.

$1,500 – $6,000 typical range

Equitable

Hawaii

Hawaii divides property equitably — with a small attorney pool island-wide, booking early keeps costs in the mid-range.

$1,500 – $6,000 typical range

Community property

Idaho

Idaho is community property: marital earnings default to an equal split unless a prenup says otherwise.

$1,000 – $4,500 typical range

Equitable

Illinois

Illinois divides marital property equitably under its dissolution statute — statutory factors, not guesswork.

$2,000 – $7,000 typical range

Equitable

Indiana

Indiana requires a “just division” of property — broad discretion for the court is exactly why written terms matter.

$1,500 – $5,500 typical range

Equitable

Iowa

Iowa divides property equitably, weighing how each asset was acquired and each spouse’s contribution.

$1,200 – $5,000 typical range

Equitable

Kansas

Kansas uses equitable division — and because it recognizes common-law marriage, some couples are legally married before they think they are.

$1,200 – $5,000 typical range

Equitable

Kentucky

Kentucky divides marital property equitably, weighing contributions and economic misconduct on either side.

$1,200 – $5,000 typical range

Community property

Louisiana

Louisiana’s civil-law roots make it community property with unusually sharp lines between separate and marital assets — notarized marriage contracts carry real weight.

$1,500 – $6,000 typical range

Equitable

Maine

Maine divides property equitably; rural attorney rates keep prenups near the low end of the national range.

$1,200 – $5,000 typical range

Equitable

Maryland

Maryland splits marital property equitably with separate property preserved — rates track the DC metro orbit.

$2,000 – $7,500 typical range

Equitable

Massachusetts

Massachusetts applies equitable distribution with heavy weight on the length of the marriage; Boston-area rates sit near the top.

$2,500 – $9,000 typical range

Equitable

Michigan

Michigan divides marital property fairly under statutory factors — but only what counts as “marital” is on the table.

$1,500 – $6,000 typical range

Equitable

Minnesota

Minnesota divides property equitably under its dissolution statute — contributions and opportunity costs both count.

$1,500 – $6,500 typical range

Equitable

Mississippi

Mississippi’s chancery courts divide marital property equitably, with separate property kept apart when it can be traced.

$1,000 – $4,500 typical range

Equitable

Missouri

Missouri applies equitable-distribution factors — from contribution to the marriage to each spouse’s future circumstances.

$1,200 – $5,000 typical range

Equitable

Montana

Montana divides property equitably under family-code factors — with hourly rates well below the coastal markets.

$1,200 – $5,000 typical range

Equitable

Nebraska

Nebraska divides marital property fairly, considering each spouse’s contribution and the marriage’s circumstances.

$1,200 – $5,000 typical range

Community property

Nevada

Nevada is community property — and it uniquely lets spouses contract over alimony, making prenup support clauses unusually durable here.

$1,500 – $6,500 typical range

Equitable

New Hampshire

New Hampshire splits property equitably — and with no general income tax, support planning takes a different shape.

$1,500 – $6,000 typical range

Equitable

New Jersey

New Jersey is equitable distribution with a full statutory factor list; NYC-metro rates put drafting near the premium end.

$2,500 – $9,000 typical range

Community property

New Mexico

New Mexico is community property: earnings and acquisitions during the marriage are presumed shared.

$1,500 – $6,000 typical range

Equitable

New York

New York follows equitable-distribution factors under the Domestic Relations Law — and the NYC market makes it the priciest prenup state alongside California.

$3,000 – $12,000 typical range

Equitable

North Carolina

North Carolina presumes marital property is divided equally — unless a court finds equal is not equitable. Equal is the starting gun.

$1,500 – $6,000 typical range

Equitable

North Dakota

North Dakota divides property equitably under no-fault dissolution rules — modest local rates keep drafting affordable.

$1,200 – $5,000 typical range

Equitable

Ohio

Ohio divides marital property equitably under statutory factors; tracing separate property is where good paperwork wins.

$1,500 – $6,000 typical range

Equitable

Oklahoma

Oklahoma applies equitable-distribution factors with contribution at the center — rates sit below the national median.

$1,200 – $5,000 typical range

Equitable

Oregon

Oregon divides property fairly and pushes couples toward mediation before a judge decides; rates cluster in the middle.

$1,500 – $6,500 typical range

Equitable

Pennsylvania

Pennsylvania is equitable distribution — and its courts have long enforced prenups that meet disclosure and execution rules.

$2,000 – $7,500 typical range

Equitable

Rhode Island

Rhode Island divides property equitably; a small coastal market with mid-range drafting costs.

$1,500 – $6,000 typical range

Equitable

South Carolina

South Carolina applies equitable distribution — the statute weighs marriage length, contributions, and future needs.

$1,500 – $6,000 typical range

Equitable

South Dakota

South Dakota splits marital property equitably under its unified dissolution statute — one of the cheapest states to file in.

$1,200 – $5,000 typical range

Equitable

Tennessee

Tennessee works through statutory factors, with longer marriages nudging the court toward an equal split.

$1,500 – $6,000 typical range

Community property

Texas

Texas is community property: what you earn together is presumed shared. A prenup is how Texas couples redefine “mine and ours.”

$1,500 – $7,500 typical range

Equitable

Utah

Utah divides marital property equitably under its marriage statute — and rates stay well below the coasts.

$1,500 – $6,000 typical range

Equitable

Vermont

Vermont applies equitable distribution with explicit credit for each spouse’s contributions, including homemaking.

$1,500 – $6,000 typical range

Equitable

Virginia

Virginia divides property equitably under a statutory factor list; prenups must meet Virginia’s own formalities to hold up.

$2,000 – $7,500 typical range

Community property

Washington

Washington is community property — earnings during the marriage are split equally unless an agreement says otherwise.

$2,000 – $7,500 typical range

Equitable

West Virginia

West Virginia divides marital property equitably using statutory factors — among the lowest rates in the country.

$1,000 – $4,500 typical range

Community property

Wisconsin

Wisconsin is community property under the Marital Property Act — rigid defaults make a prenup the main source of flexibility.

$1,500 – $6,500 typical range

Equitable

Wyoming

Wyoming applies equitable distribution in a small, low-rate legal market — simple cases stay simple.

$1,200 – $5,000 typical range