Michigan Prenuptial Agreement
Michigan prenuptial agreements are governed by MCL 557.28 (Public Act 216 of 1981). Courts apply dual review under the three-part Rinvelt test — assessed at both signing and divorce. Michigan has one unusually strong provision for challengers: courts retain independent statutory authority to "invade" separate property under MCL 552.23(1) and 552.401 if equity demands it (Allard, 2017), meaning a prenup cannot fully eliminate a court's equitable discretion over property or alimony. The alimony floor is judge-dependent with no bright-line rule. Financial disclosure cannot be waived.
Bottom line: Michigan earns a C- grade. Dual review and the court's retained invasion authority make Michigan one of the less predictable states for prenup enforceability — even a well-drafted agreement may not fully bind a court on property or support. A prenup is still far better than none.
Michigan Prenup Enforceability Rating: C-
Michigan Prenup Laws: Key Statutes Explained
MCL 557.28 Public Act 216 of 1981
Separate Property
Assets can be defined as separate property instead of being split 50/50 as marital property, but Michigan courts retain equitable authority to "invade" either spouse's separate property under MCL 552.401 (contribution basis) and MCL 552.23(1) (need basis)
Unconscionability at Execution AND Enforcement
Courts review unconscionability at the time of execution and also at enforcement. Changed circumstances during the marriage can allow a court to modify the prenup in favor of a larger award of property or alimony.
Unconscionability Standard
A prenup is unconscionable if it leaves one spouse with insufficient funds for reasonable needs. Three Rinvelt factors must be satisfied: (1) no fraud, duress, or nondisclosure; (2) not unconscionable when executed; (3) circumstances haven't changed making enforcement unfair.
Alimony Minimum Subject to Court Discretion
Alimony can be waived in prenups, but Michigan courts retain equitable authority to award support if necessary for fairness under the Allard decision. Unlike some states, courts are not bound by alimony waivers if enforcement would be inequitable.
Timing
No minimum specified, but we recommend signing the prenup at least 30-60 days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk.
Independent Counsel
Not required, but separate counsel dramatically strengthens enforceability if the agreement is later challenged. If both parties have independent counsel, courts will almost always find the agreement was not unconscionable when executed.
Financial Disclosure
Full and fair financial disclosure of all assets, debts, and income required. Comprehensive financial statements should be attached to the agreement. Failure to disclose (especially intentional concealment) renders the agreement unenforceable.
Medium Burden to Challenge
Challenging party must prove the prenup is invalid by preponderance of evidence (standard burden, not the higher "clear and convincing" requirement). The challenging party bears the burden of proof and persuasion.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Michigan Prenuptial Agreement Court Cases
Allard v. Allard, 318 Mich. App. 583 (2017)
Court held that prenuptial agreements cannot deprive trial courts of equitable authority to invade separate property under MCL 552.23(1) and MCL 552.401, vacating a judgment that awarded husband $900,000+ and wife $95,000 with no alimony.
Allard v. Allard (Allard I), 308 Mich. App. 536 (2014)
Court held that LLCs created during marriage are separate legal entities, so property acquired by the husband's six LLCs during marriage was marital property subject to equitable distribution despite prenup language protecting property acquired "in his individual capacity."
Reed v. Reed, 265 Mich. App. 131 (2005)
Court enforced 27-year-old prenup where husband accumulated millions during marriage while wife received minimal assets, ruling that long-term marriage, asset growth, and children were all reasonably foreseeable circumstances that did not justify invalidating the agreement.
Hodge v. Parks, 303 Mich. App. 552 (2014)
Court upheld postnuptial agreement signed during reconciliation after initial divorce filing, holding that postnups intended to promote harmonious marital relations and preserve marriage (rather than anticipate divorce) are enforceable if equitable.
Skaates v. Kayser, 333 Mich. App. 61 (2020)
Court enforced postnuptial agreement signed one month after marriage where parties had negotiated terms for 16 months intending it to be prenuptial, ruling it did not violate public policy because it was meant to facilitate marriage and included marriage-preservation provisions like mandatory counseling.
Ellis v. Ellis, Mich. Ct. App. Docket No. 349962 (Dec. 17, 2020)
Court clarified post-Allard that trial courts only possess authority to invade separate property "if equity demands it," and that Allard presupposed an inequitable agreement, suggesting equitable prenups will still be enforced without judicial invasion.
Silverman v. Silverman, Mich. Ct. App. Case No. 336905 (Aug. 9, 2018)
Court held that Allard does not permit courts to "redefine the terms of a prenuptial agreement to make the agreement more equitable," establishing that courts can invoke invasion statutes but cannot rewrite prenup provisions themselves.
5-Step Checklist: How to Sign & Execute a Prenup in Michigan
Step 1: Download and read the Michigan prenuptial agreement
Start with our free template. It is written for Michigan-specific statutes and case law under MCL 557.28 and the Rinvelt v. Rinvelt, 190 Mich. App. 372 (1991) three-prong enforcement test. Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions. Michigan's Allard (2017) decision means courts retain equitable authority over property and support independent of your prenup. Still, it is better to get a prenup than married without one.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Michigan courts look hard at timing — signing too close to the wedding supports a duress claim under Rinvelt prong one, and courts expect each party to have had a genuine opportunity to review and consult with independent counsel.
Step 5: Sign with witnesses and a notary, then store the agreement
Execute the agreement with both attorneys present — their witness signatures carry more enforceability weight than a standalone notary. Michigan law requires only a writing signed by both parties (MCL 566.132(c)) — no witnesses or notarization are mandated by statute. That said, both witnesses and notarization are strongly recommended by practitioners and provide the clearest evidence of voluntariness if the agreement is challenged. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Michigan Prenuptial Agreement: Frequently Asked Questions (2026)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony is modified to incentivize larger families and longer marriages, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause moves proceedings out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship in the event of divorce.
How much does a prenup cost in Michigan?
Attorney-drafted from scratch: $1,500–$5,000+ per side. The smarter approach: start with our free Michigan template, draft any changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $500+ per side.
Are prenups enforceable in Michigan?
Yes, but Michigan earns a C- rating. Courts apply the Rinvelt three-prong test with dual review — the agreement must pass at signing and again at divorce. More significantly, Allard v. Allard (2017) established that courts retain independent statutory authority to "invade" separate property and award support under MCL 552.23(1) and MCL 552.401 even when the prenup says otherwise, if equity demands it. Ellis v. Ellis (2020) subsequently clarified that this authority only applies when the outcome would actually be inequitable — a well-drafted, fair agreement should still hold. A prenup is far better than none.
What makes a prenup invalid in Michigan?
Under Rinvelt, the challenger can void the agreement by proving any one of three things: (1) the agreement was obtained through fraud, duress, mistake, or nondisclosure of material fact; (2) it was unconscionable when executed; or (3) facts and circumstances have changed since signing, making enforcement unfair and unreasonable — but only if those changes were not reasonably foreseeable at signing. Reed (2005) enforced a 27-year-old prenup despite millions in asset growth specifically because long marriage duration and wealth accumulation were foreseeable. Leave child custody and support out entirely.
Do I need a lawyer to get a prenup in Michigan?
Not technically, but both parties having independent counsel is Michigan's strongest defense against a Rinvelt prong-one challenge. Courts treat the presence of separate counsel as strong evidence of voluntary, informed execution. Use the template to cut drafting costs — don't skip the attorney.
What should a Michigan prenuptial agreement include?
Our Michigan template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — structured to incentivize larger families and longer marriages, not divorce
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits, satisfying Rinvelt's nondisclosure prong; Michigan does not permit disclosure waivers
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — Michigan courts will not enforce them and they can invalidate the rest of the agreement.
Does Michigan's property law make a prenup important?
Yes. Michigan is an equitable distribution state — courts divide marital property based on what they consider fair, not automatically 50/50. A prenup overrides this default. One critical Michigan nuance: if your prenup covers assets held in LLCs or other business entities, name them specifically. Allard I (2014) held that property acquired by an LLC during marriage was marital property because the prenup only protected property acquired "in his individual capacity" — the LLC, as a separate legal entity, was not covered by that language.
How far in advance should I get a prenup in Michigan?
Sign 60+ days before the wedding. Give your spouse at least two weeks to review with their own attorney. Michigan has no statutory minimum, but courts treat last-minute signing as evidence of duress under Rinvelt prong one. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll be confident in whom you are choosing to marry.
What is the Allard risk and how do I protect against it?
Allard v. Allard (2017) is Michigan's most significant prenup case in decades. The court held that parties cannot use a prenuptial agreement to eliminate the trial court's statutory authority to "invade" separate property under MCL 552.401 (when a spouse contributed to acquisition or improvement of the other's property) or MCL 552.23(1) (when equity demands it based on need). In plain terms: even a valid, signed prenup may not fully bind a Michigan court on property division or alimony. The best defense is making the prenup genuinely equitable. Ellis v. Ellis (2020) confirmed that Allard authority only applies when the agreement's outcome is inequitable — a fair prenup with robust disclosure and independent counsel on both sides remains the safest position.