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Prenuptial agreement enforcement varies by state, with different statutes and case law across borders. New Jersey will uphold almost anything, so long as it is reviewed and signed properly. California is eager to review to check for technicalities and terms that aren't generous enough. Some states are very strict on enforcing prenups as written. Some are not. State borders matter.
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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+ days should be fine), and enough time before the wedding (60+ days should do it). Did both parties have independent attorneys to review the prenup (this helps more than anything)? If the state has a minimum alimony floor (often public assistance eligibility), does the prenup meet or slightly exceed that? If those conditions were met, it's almost impossible for a prenup to be rejected.

‍Dual-review states check if the prenup was "unconscionable at execution" (signing) AND "unconscionable at enforcement" (divorce). This means the judge reviews the prenup for alimony that they deem fair, or "not unconscionable", at the time of divorce. Unfortunately, this uncertainty creates an incentive for divorce and litigation. And high divorce rates in one generation drive lower marriage rates in the next.

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. Select your state below for a prenup tailored to its specific legal requirements — then have it reviewed by a local attorney experienced in family law.