Prenups and the Price of Divorce: Protecting Money in Marriage

October 6, 2026 · 15 min read

A divorce lawyer and an investor both argue that couples should settle money questions on paper while they still like each other. They explain what a divorce really costs and why the fight to win usually costs more than it returns.

The rules, numbers and steps worth keeping in front of you.
  • Have the money conversation early; it gets more expensive every year it is delayed.
  • Sexton: a prenup is like life insurance, since every marriage ends in death or divorce.
  • A properly drafted prenup often costs a few thousand dollars, by his account.
  • Do not use a downloaded template; small technical errors can void it.
  • Simple structure: yours, mine and ours.
  • Leave out fidelity clauses and expiry clauses.
  • Divorce costs ranged from about $3,500 to millions; conflict, not wealth, drives the bill.
  • Courts produce outcomes, not vindication.
  • Do the arithmetic: do not spend $10,000 fighting over $11,000.
  • Hire a skilled litigator who prefers to settle; write your goals down early.
  • Keep arguments out of texts and posts; they can be used in court.
  • Know the family's accounts, retirement savings and life insurance.
  • O'Leary: by the fourth date, ask about children, plans, bankruptcy and debt; his figures are opinion.
  • Law varies by place; get advice from a local lawyer, and put safety first.
This is the short form. The full insight has every expert's reasoning, their own words and the sources.