As a matrimonial attorney to high-net-worth individuals, I have observed a pattern wherein, on occasion, successful women hesitate to request a prenuptial agreement. This hesitation can lead to expensive and unpleasant negotiations in the event of divorce.
Women with substantial assets may assume their future spouse would never seek support or a significant portion of their assets in a divorce, but the law is gender neutral during divorce proceedings. It may sound obvious, but I've represented women who were shocked to discover their spouse sought a considerable amount of their assets or alimony when the marriage ended.
Income designation
The cornerstone of a prenup begins with one essential question: What happens to the income you earn during your marriage? Will it remain your separate property or become a marital asset? This distinction creates profound implications for your financial reality.
If you designate your income as separate property, you establish separate financial lives under one roof — in other words, “what is mine is mine, and what is yours is yours.” This is a relatively common practice for couples with similar financial circumstances, older couples, and those entering into second marriages, but it often represents a significant deviation from what is otherwise provided under the law without a prenup.
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"Why Successful Women Need Prenups," by Morgan F. Mouchette was published in Bizwomen, an American City Business Journals publication, on August 25, 2025.