Traditionally, a prenuptial agreement, known as a “prenup,” is a legally binding agreement a couple signs before getting married that documents how a couple will divvy up their assets in the case the marriage ends. (Think financial investments like stocks or bonds, a home or other real estate, and retirement plans.)
But there is a new “prenup” trend, focusing less on the marriage part—and more on the “till death do us part”—in the case a spouse dies or is incapacitated, according to USA Today.
For example, when one spouse dies, some states give that remaining spouse rights that can override a will. This can also affect others in the will such as children, grandchildren, and beneficiaries.
The focus on assets comes at a time when Americans are increasingly living longer than ever before—especially women. Life expectancy differs by gender: Women in the U.S. live an average of 5 years longer than men—and by age 85, 67% of the elderly in America are women, according to a publication from Harvard Medical School. (That average goes up to 7 years, worldwide.)
It also comes as the cost of elder care has skyrocketed. From 2019 to 2024, median long-term care costs rose significantly, with a 50% increase in costs in home care and assisted living, according to a report from the AARP Public Policy Institute.
“Most marriages end in death, not divorce, and often pass through incapacity first,” Melissa Rodriguez, private client partner at Day Pitney told USA Today. “[Many] prenups plan only for the least likely exit.”