It’s not just Kanye West who might be facing a messy breakup without a financial safety net—millions of American couples are still skipping prenuptial agreements. Family law experts say that could be a serious mistake, one that hits way closer to home than we like to think.
Kanye West and Australian architect Bianca Censori got married in late 2022 under a confidential license in California. But with rumors of a split swirling—and after a string of eyebrow-raising public moments—it’s not their relationship drama that’s raising legal red flags. It’s this: they reportedly didn’t sign a prenup.
That might sound shocking, considering Kanye’s massive fortune (he's claimed it's $2.77 billion). But the real surprise is how many everyday couples make the exact same move—getting married without any legal protection in place. In California, which is a community property state, anything earned during the marriage is typically split 50/50. If this couple divorces, Bianca could walk away with a very large piece of the pie.
And it’s not just them. Other famous couples—Jennifer Lopez and Ben Affleck, Jessica Alba and Cash Warren, even Justin and Hailey Bieber—have also reportedly skipped prenups. Some of those marriages are now unraveling, and they’re facing the legal consequences.
But here’s the thing: you don’t have to be rich or famous to need one. If you own a house, have student loan debt, are bringing kids into the marriage, or even just want clarity about what’s yours and what’s shared—a prenup can protect both partners. It’s not about greed. It’s about boundaries, fairness, and planning ahead while everyone’s still on the same page.
A friend of mine got burned this way—no big assets, no massive income, but after a messy split, she still spent thousands untangling a joint car loan and a shared credit card balance. A prenup might’ve prevented all that.
And consider this: every year, around 2 million couples get married in the U.S., while roughly 670,000 to 800,000 divorces are filed. That’s a lot of relationships ending—and often, without a financial agreement in place. Prenups aren’t just smart. They’re becoming essential.
One thing a lot of people miss? Prenup laws aren’t universal. California follows a “community property” model, but most U.S. states use “equitable distribution,” where courts divide assets based on fairness instead of a strict 50/50 rule. Plus, different states have different standards for how and when prenups must be signed, and whether both parties had independent legal advice.
Long story short: a prenup that’s totally valid in one state could be tossed out in another. That’s why it’s crucial to talk to a local lawyer who understands your state’s laws and how to draft something enforceable.
At its core, a prenuptial agreement is a contract. It’s a document that two people agree to before getting married that says, “Here’s what we’ll do with our finances if things go sideways.” It’s not cold. It’s practical.
Sure, a prenup can outline how you’ll split property or whether one spouse will pay the other support. But it can also address debt, business ownership, and even what happens to a family pet. It’s flexible, and it can be as detailed—or as simple—as the couple wants.
Attorney Kirk Stange has seen plenty of people hesitate to bring up prenups out of fear that it’ll ruin the romance. But he says it actually helps many couples avoid tension later. “It can simplify a divorce tremendously,” he told The U.S. Sun. And he’s right—it's way easier to talk about money while you're still in love than when you’re angry, hurt, and trying to move out.
Now, to clear up a myth: prenups don’t let you plan everything. For example, you can’t decide child custody or child support ahead of time—courts handle that based on what’s best for the child at the time of separation.
But what a prenup can do is lay out how property and income will be divided, who keeps what, who pays what, and what happens to shared assets. It can even address how one spouse is compensated for giving up a career to raise children. Just make sure it’s balanced—an unfair prenup can be challenged and possibly thrown out.
Worried it’s complicated? It’s not. The prenup process is surprisingly straightforward. Both partners disclose what they own and owe. They each get their own lawyer (which is important), and ideally, the agreement gets signed weeks—not days—before the wedding.
The goal is to make sure everything is done fairly and voluntarily. Courts can and do toss out prenups that look rushed, coerced, or one-sided. So don’t DIY this one. This is a “get it right the first time” situation.
Prenups aren’t just about shielding wealth. They’re about clarity and communication. They give couples a framework for understanding each other’s finances and planning for worst-case scenarios—before emotions take over.
And when done right, a prenup can save both parties money, time, and a ton of stress. “It can prevent high legal fees and conflict down the road,” says Stange. By deciding upfront who’s responsible for what, couples can focus on moving forward—rather than fighting it out in court.
Interestingly, although only about 15–20% of couples actually sign prenups, a full 50% of American adults say they support the idea. That suggests the stigma is fading—even if behavior hasn’t caught up just yet.
The stigma around prenups is slowly fading, especially among younger couples. About 43% of first marriages still end in divorce, but only 15% of engaged or married couples currently have a prenup—though that number is growing fast.
Younger generations are leading this shift. Millennials in particular are marrying later in life, often with more personal assets—or debt—to protect. For them, a prenup isn’t seen as planning for divorce, but as a smart part of marriage prep. Financial transparency is the new romantic gesture.
Kanye and Bianca’s story is just one of many. Whether you’re making $50,000 or $50 million, this stuff matters. A prenup isn’t planning for failure. It’s just smart, honest preparation—just like getting insurance or writing a will.
And let’s be real: if you don’t have one, the law makes those decisions for you. Wouldn’t you rather decide for yourselves?
What happens in a prenup?
A prenup outlines how finances, property, and debts are divided if the marriage ends. It can also clarify spousal support or inheritance arrangements.
Why would a couple want a prenup?
To avoid legal battles, protect personal assets, and make financial expectations clear from the start.
What is the difference between a prenup and a postnup?
A prenup is signed before marriage. A postnup is signed after the wedding but serves a similar purpose.
Are prenups common in America?
They’re becoming more common, particularly among millennials and second marriages. While only 15–20% of couples have them today, support for prenups is growing rapidly.
