Ahead of Valentine's Day, here's when to talk about a prenup
Feb 11, 2026
With Valentine’s Day on everyone’s mind, many couples are celebrating love and thinking about long-term commitments.
But alongside wedding plans and romantic proposals, some financial experts say there’s another conversation worth having early: prenuptial agreements.
A family law attorn
ey said that discussing a prenup before an engagement can help protect both partners financially, even if divorce never happens.
Cenitha Mayes and her husband, Michael, said a prenup never made sense for them as they can’t imagine life without each other.
Michael and Cenitha Mayes say they didn’t feel the need to sign a prenup before they married more than 10 years ago.
“It sounds like I’m going to protect my money, but I love you,” said Cenitha, laughing at what she considers to be a contradiction.
“Yeah, that’s difficult,” Michael agreed.
Others see it differently. Megan Herrington agreed to a prenup when her husband brought up the idea before proposing.
Megan Herrington (right, with friend Alicia Gonzales) did not oppose signing a prenuptial agreement.
“What I had done and maybe the businesses I created, and the education that I put myself through, that was mine, and that’s mine to keep,” Herrington said. “And I’m OK with the prenup.”
Garrison “Bud” Klueck, a family law attorney, said many couples hesitate to talk about prenups.
“Because they don’t want to kind of pre-plan their divorce — and I get that — but the reality is going to end one of two ways … and they both start with the letter ‘D,’ ” Klueck said, referring to divorce and death.
Family law attorney Garrison “Bud” Klueck said all couples should consider signing a prenuptial agreement, as uncomfortable as the conversation may be.
Without a prenup, either of those two outcomes could end up letting a court decide how everything will be divided.
“So your marriage will end up being a family court case if you are divorced, and a probate court case if one of you passes away,” Klueck said. “It is inevitable.”
Who should consider a prenup?
Klueck said prenups can benefit nearly everyone. Here are a few who should really take a closer look:
If one person is wealthier
If one person has more debt
If one or both own a business
If one or both have children and want to protect them financially
If one or both expect an inheritance
The two types of prenups
Klueck said there are two types of prenuptial agreements:
Type A secures premarital property. In a divorce, each person takes what they brought into the marriage.
Type B agreements are more complex and typically more expensive. They also define how property and debt accumulated after marriage will be divided. They can also limit or eliminate alimony.
“[Type B is] very permissive,” Klueck warned. “It generally empowers couples to do pretty much whatever they want to as long as it’s not the result of duress or coercion, or something like that.”
Klueck added that Type B prenups can be tricky and said that both sides should have legal representation.
What about postnups?
Postnuptial agreements (or “postnups”) are signed after a couple is already married. Klueck said they often happen soon after the wedding to tie up loose ends, but they can also be created years later.
“When there is something special happening, like one of the spouses is starting a business,” Klueck said.
When to bring it up
Couples interviewed for this story said timing is critical. Waiting until wedding plans are underway can create unnecessary tension.
“You should bring it up way before you get to that level,” Michael Maye said. “That should have been a conversation a long time ago.”
Others said strong communication can make the discussion easier.
“If you two can communicate, then that whole, entire conversation isn’t going to be uncomfortable,” Alicia Gonzales said. “You’re going to feel like you guys are one together and that you guys can easily talk about this stuff. And I don’t think that either person is going to get upset about that.”
How much do prenups cost?
Prenups can start at about $1,000 and increase, depending on their complexity. Some online companies offer drafting and signing services for a few hundred dollars, though attorneys often recommend independent legal advice for both parties.
This story was originally reported for broadcast by NBC San Diego. AI tools helped convert the story to a digital article, and an NBC San Diego journalist edited the article for publication.
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