Social media
Couples may discuss expectations for sharing private information online. A lawyer can explain whether a written restriction would be enforceable.
National planning index
America's prenup planning index
Where are couples more likely to have or want a prenup? This index combines reported prenup use and interest with state divorce-rate and household-income scores across all 50 states.
50states ranked
4factors compared
50.8average state score
22,444survey respondents
At a glance
States with the highest composite scores
The index combines reported prenup use and interest, a state divorce-rate score and a median household-income score.
What stands out
A wide spread in composite scores
Nevada has the highest score
Its score of 91.3 is 40.5 points above the average state score.
Three large coastal states rank in the top four
California, New York and Florida place near the top based on the four component scores.
Sample size affects interpretation
Ten states have fewer than 200 survey respondents and are marked Low Confidence in the ranking.
Highest and lowest composite scores
Index score, out of 100
Beyond bank accounts
10 topics couples may raise during prenup planning
Some topics may belong in a prenup. Others may require a different legal document or may simply guide a couple's private discussion.
Pet ownership and care
Couples may discuss who would keep a pet and how care costs would be handled. State-law treatment of pets varies.
Events that trigger agreement terms
Couples may define when particular agreement terms take effect, subject to state law. Legal marital status is determined separately.
Substance-use commitments
Testing, treatment or financial terms can raise privacy, public-policy and enforceability concerns and should be reviewed by a lawyer.
Personal and lifestyle expectations
Some couples discuss lifestyle commitments, although personal terms may not be legally enforceable.
Debt allocation
Couples may identify separate debts and responsibility for future debts. Their agreement generally does not bind third-party creditors.
Healthcare decisions
Couples may discuss medical decision-making, but a healthcare directive, proxy or another estate-planning document may be required.
Dates and vacations
Some couples write down expectations for shared time or travel, although these personal commitments may not be legally enforceable.
Sexual health
Couples may discuss sexual-health testing or related expectations. These terms can raise privacy and enforceability concerns.
Household and family expectations
Couples may discuss holidays, extended family and household responsibilities even when those expectations do not belong in an enforceable agreement.
Important: These are discussion topics drawn from Avvo Stories, not a list of provisions courts will necessarily enforce. Prenups primarily address financial and property rights. Personal terms and matters such as healthcare directives require state-specific advice and may need different legal documents.
2-minute financial planning check
Could a prenup conversation be useful?
Answer eight short prompts to identify financial topics you may want to discuss together or with a family law attorney. This tool does not determine whether a prenup is right for you.
Private in your browser. Answers are not submitted or stored. This is general information, not legal advice.
This self-assessment provides general information only. It is not legal advice and does not predict relationship outcomes.
All 50 states
Explore the complete ranking
Search for a state or switch the table between highest and lowest composite scores.
All metric columns show relative index scores from 0 to 100, not percentages, probabilities or dollar amounts.
Swipe to see all metrics →
| Rank | State | Index score | Prenup use score | Prenup interest score | Divorce-rate score | Household-income score | Survey sample | Survey sample confidence |
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Methodology
How we calculated the index
The index compares reported prenup use and interest, a state divorce-rate measure and median household income.
The weighting places 70% on survey-based prenup behavior and interest and 30% on contextual state measures.
40%Prenup use score
30%Prenup interest score
15%Divorce-rate score
15%Household-income score
1
Prenup use score
Relative survey-based score for married or engaged respondents who report having a prenup.
2
Prenup interest score
Relative survey-based score for respondents who say they want a prenup but do not have one.
3
Divorce-rate score
Relative score based on the state divorce-rate measure in the supplied dataset. It is not a personal probability that a marriage will end.
4
Household-income score
Relative score using median household income as an imperfect proxy for financial scale. It is not an estimate of assets or potential divorce losses.
Survey sample
The state table contains 22,444 married and engaged U.S. adults surveyed online across all 50 states. Samples range from 165 respondents in Vermont to 1,845 in California, averaging about 449 per state.
How to read the component scores
The component values are relative 0 to 100 index scores supplied in the campaign dataset. They are not raw percentages. The displayed ranges are 21.5 to 100 for prenup use, 23.6 to 100 for prenup interest, 33.9 to 100 for the divorce-rate measure and 30.5 to 89.6 for household income.
Survey sample confidence
States with fewer than 200 survey respondents are marked Low Confidence. For a probability sample, a simple-random-sample approximation at 95% confidence is about ±6.9 percentage points at n=200 and ±2.3 points at n=1,800, before design effects. These figures do not capture weighting, coverage, nonresponse or other survey errors.
Final score formula
40% Prenup use score
30% Prenup interest score
15% Divorce-rate score
15% Household-income score
Example: Nevada = (100 × 0.40) + (100 × 0.30) + (100 × 0.15) + (42.1 × 0.15) = 91.3.
Sources and limitations
The divorce-rate measure should be read as a state rate, not a marriage's lifetime chance of divorce. Median household income comes from an American Community Survey estimate and is not a full-population administrative count. Exact survey field dates, questions, weighting details, dataset years and treatment of states without CDC-reported divorce figures should be documented before external publication.
CDC/NCHS marriage and divorce data
Census ACS household income table
Want to understand your options?
A family law attorney can explain what a prenup may cover, how state law applies and what steps are required for a valid agreement.
Find a family law attorney who handles prenups