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Prenuptial agreements are governed by state, and not Federal law. Some states strictly enforce terms as written. Others apply more judicifial review and are more willing to modify a prenuptial agreement. In general, the main difference is single review vs dual review states.
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‍Single-review states only check if the agreement was "unconscionable at execution", or signing. Was there no fraud, duress, or coercion? Were assets fully disclosed (or disclosure waived)? Was there enough time to review the prenup (7-14 days should be fine), and enough time before the wedding (60+ days should do it)? Did both parties have independent attorneys (rarely required, but helps enforceability more than any other factor)? Single review states often have a minimum alimony floor, like public assistance eligibility, but so long as that is met, courts are eager to enforce the prenup as written.

‍Dual-review states check if the prenup was "unconscionable at execution" (signing) AND "unconscionable at enforcement" (divorce). The judge will review alimony provisions again based on income disparity at divorce, not just the original intention of the couple. Unfortunately, this uncertainty creates an incentive for divorce and litigation. A well drafted prenup however, although needing more flexibility than a single-review state, should still be upheld.

Our grades reflect how likely each state is to uphold a prenup. A-ratings mean there is only a single review at signing. C-ratings mean there is the additional review at enforcement. The higher the grade, the more likely that state will enforce a prenup's terms. Even if your state has weaker prenup laws, getting married with a prenup is far better than getting married without one.