It depends. If you don’t have a lot of assets that you are bringing into the marriage, and if you do not have a large earning potential or anticipate ever having a large earning potential, you may not need a prenuptial agreement.
However, if you are bringing a lot of assets into the marriage, or if you are a professional and you either have a large earning capacity now or you anticipate making a lot of money in the future, you may wish to sign a prenuptial agreement. If you do not have a prenuptial agreement, all of your income, retirement assets, professional assets, and wages will become marital property. With a prenuptial agreement comes certainty about what will happen to assets and income in the event of divorce.
The need for a prenup is especially true if you have a much larger earning potential than your spouse. If you make significantly more money than your spouse, it is likely you could be ordered to pay alimony in the event of a divorce. A well-drafted prenuptial agreement can prevent you from being forced to pay alimony in the event of a divorce.
Also, a prenuptial agreement can ensure you that your partner is marrying you for who you are, not for money. A prenup takes the issues of money and property out of the equation, leaving you to focus on the other parts of the relationship.
Finally, if you do not have a prenuptial agreement, a divorce can be extremely time-consuming and damaging. It can take large amounts of time and money to sort through the issues involved. While divorces are never easy or fun, a prenuptial agreement can make them much easier and less painful.