There’s a persistent myth that marital agreements — whether premarital or postnuptial — are only for celebrities, business owners, or people entering a second marriage with significant assets. In my practice, I see a different picture. A marital agreement is simply a tool for clarity: it lets two people decide, in advance and on their own terms, how they want to handle property, debt, and financial responsibilities, rather than leaving those questions to default state law if the marriage ends.
If you’re married or planning to marry, it’s worth asking whether a marital agreement makes sense for you — especially if any of the following apply.
You’re Moving to Hawaii
Relocating to Hawaii is one of the most common triggers I see for marital agreement conversations. Hawaii is an equitable distribution state with a marital partnership property model that can differ significantly from the rules in whatever state you’re moving from. Property you brought into the marriage, inheritances, or assets you assumed were protected under your previous state’s laws may be treated differently here. A marital agreement lets you preserve your original intentions rather than have them reinterpreted under Hawaii law.
You’re Planning to Quit Your Job to Stay Home
Becoming a stay-at-home parent is one of the biggest financial pivots a person can make in a marriage — and one of the easiest to leave unaddressed. Giving up income, career advancement, and retirement contributions is a real economic sacrifice. A well-drafted marital agreement can account for that sacrifice directly: addressing spousal support, how retirement savings will be handled, or how the family will treat the non-earning spouse’s contribution to the household if the marriage were to end.
You’re Expecting a Child
A pregnancy often prompts couples to think seriously about their financial future for the first time as a unit. It’s a natural moment to talk about how you’ll handle major expenses, whether one parent will reduce work hours, and how you want to structure finances moving forward. Addressing these questions in a marital agreement — including provisions for children’s expenses — can reduce a significant source of future conflict.
You’re Getting Married
Of course, an engagement is the most traditional trigger for a premarital agreement, and for good reason. Marriage combines not just two lives but two financial histories — assets, debts, family businesses, and expectations. A premarital agreement isn’t a sign of distrust; it’s simply a conversation about expectations, had early, while both people are clear-headed and equally invested in getting it right.
The Common Thread
None of these situations require significant wealth. What they have in common is change — a shift in circumstances that makes it worth revisiting, or establishing for the first time, how you and your spouse want to handle your financial life together. A marital agreement isn’t about planning for divorce; it’s about removing ambiguity so you can focus on the marriage itself.
If any of these situations sound familiar, it may be worth a conversation about whether a premarital or postnuptial agreement is right for you.
Disclaimer:
Judy S. Howard, Esq. is a Hawaii family law attorney based in Waimea, focusing on divorce and pre- and postnuptial agreements. She is also a Certified Divorce Real Estate Expert (CDRE), helping divorcing couples navigate real estate decisions with clarity and neutrality. The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Judy S. Howard. Laws vary by jurisdiction and change over time, and the application of law to any particular situation requires individual legal analysis. If you need legal advice, please consult a licensed attorney directly.