You already have a prenup. Your state legislature wrote it.
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Top 10 State Prenup & Property Law Guides
How prenups work in California.
The 7-Day Final Draft Rule (Cal. Fam. Code § 1615(c)(2)) requires at least 7 calendar days between receiving the final agreement and signing, and waiving spousal support requires independent legal counsel for both partners (§ 1612(c)).
How prenups work in New York.
New York requires strict real-estate-deed acknowledgment formalities (N.Y. Dom. Rel. Law § 236B(3)); a defective notary certificate can void the entire agreement (*Galetta v. Galetta*).
How prenups work in Texas.
Under Texas law, rental income, business distributions, and dividends from pre-marital assets are treated as community property unless your prenup explicitly partitions "income from separate property."
How prenups work in Florida.
Under the Florida Supreme Court's *Kaaa v. Kaaa* rule, even passive market appreciation on a pre-marital home becomes marital property if marital funds pay down any part of the mortgage.
How prenups work in Washington.
Under the Washington Supreme Court's *Matson* two-prong test, if a prenup is not substantively fair to the less-wealthy partner, it will only survive if procedural fairness (independent counsel, full disclosure, and early timing) is rock-solid.
How prenups work in Illinois.
Commingling separate pre-marital savings into a jointly titled Chicago condo or joint account creates a statutory presumption of a gift to the marital estate under 750 ILCS 5/503(b).
How prenups work in Massachusetts.
Massachusetts enforces a strict "Two-Look Test" (*DeMatteo v. DeMatteo*): a prenup must be fair and reasonable when signed AND cannot leave a spouse "stripped of substantially all marital interests" at the time of divorce.
How prenups work in New Jersey.
Under N.J.S.A. 37:2-38, a New Jersey prenup MUST have a formal Statement of Assets attached to it AND requires independent legal counsel (or an explicit written waiver of counsel) to be enforceable.
How prenups work in Colorado.
Under C.R.S. § 14-10-113(4), even 100% passive market growth on a pre-marital condo, 401(k), or brokerage account during marriage becomes marital property unless you have a Colorado prenup.
How prenups work in Georgia.
Under O.C.G.A. § 19-3-63, every Georgia prenuptial agreement MUST be attested by at least two witnesses (one of whom is a notary public), and enforceability is governed by the *Scherer v. Scherer* three-part test.
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