Prenups: The One Contract That Saves You Money Without a Fight.
Prenups: The One Contract That Saves You Money Without a Fight.
45-page Money, Marriage & New York: A Professional Woman’s Guide to Prenups’ e-book including 4 steps you can read in under 30 minutes!
Why This Question Matters
You’re ambitious. You’ve worked hard to build your career, and your future earnings are likely to outpace your current income. But here’s the thought that keeps you awake: If my marriage ends, can my spouse claim a share of everything I haven’t even earned yet?
It’s a valid concern, especially in New York City where financial stakes are high and courts have broad discretion in divorce. At ASJ Law Office, this question comes up in almost every prenup consultation with executives, professionals, and entrepreneurs.
The short answer is: Yes, a prenup can protect your future earnings, if it’s drafted correctly.
As Asia Scarlett-Jones explains in her book Divorce Decoded, the most costly divorces don’t happen because couples fall out of love. They happen because expectations about money, lifestyle, and future wealth were never clarified.
Let’s break down how a prenup works, what it can cover, and why it’s one of the smartest moves you can make before saying “I do.”
Why Future Earnings Matter?
Imagine this: you’re a rising executive pulling in $250,000 today. Fast forward 10 years and you’re making $1 million annually, with bonuses and stock options. Without a prenup, a divorce court could treat those future earnings as marital property especially if your spouse contributed indirectly to your success (supporting the household, raising kids, or even just by being married to you during that time).
That means your future wealth, not just what you have now, could be on the table.
Key Point: Prenups aren’t just about what you own today. They’re about what you’re likely to earn and build tomorrow.
The New York Prenup Framework
Under New York law, spouses generally have a claim to “marital property,” which includes income earned during the marriage. Without a prenup, even future bonuses, stock grants, or profits from a growing business can be subject to division.
A properly drafted prenup can:
Define separate vs. marital property. Future earnings can be classified as separate property, protected from division.
Clarify business ownership. If you’re a founder, you can lock in ownership percentages and exclude future growth from marital claims.
Address spousal support. While child support can’t be waived, spousal support can often be limited or structured in advance.
Set expectations for lifestyle. The prenup can reflect agreements about how lifestyle expenses will be handled during and after the marriage.
As highlighted in Divorce Decoded, these agreements don’t just simplify divorce they also reduce conflict within marriage. Couples argue less when the roadmap is clear.
Why Prenups Don’t Ruin Romance?
Let’s face it. Asking your partner to sign a prenup can feel like pouring cold water on the engagement champagne. But here’s the reality: avoiding the conversation is more damaging than having it.
Prenups:
Encourage transparency about debt, assets, and income.
Prevent hidden resentment over money.
Show respect by protecting both partners’ interests.
When Asia shares client stories in Divorce Decoded, one theme repeats: the couples who handled money discussions early had stronger, calmer marriages.
So instead of seeing a prenup as a threat, see it as an act of care.
Storytelling: Jason’s Case
Jason, a tech founder in New York, came to us after watching his colleague lose half of a growing startup in a divorce. Jason hadn’t even launched his company yet, but he knew his future was bright.
We helped him draft a prenup that clearly stated:
Any future business earnings, equity, or growth would remain his separate property.
His spouse would still be provided for fairly, with negotiated terms for spousal support.
Any property purchased together would be shared protecting both sides.
The result? Jason entered his marriage with confidence. His partner appreciated the clarity, and their marriage began on a foundation of trust instead of fear.
Can Prenups Really Protect ALL Future Earnings?
Here’s where it gets nuanced. Courts in New York respect prenups, but they must meet certain conditions:
Full disclosure. Both parties must lay their financial cards on the table.
Voluntariness. No last-minute pressure or hidden terms.
Fairness. A prenup that’s wildly one-sided may be struck down.
So while prenups can cover future earnings, they need to be drafted strategically to balance protection with fairness.
This is where ASJ Law Office stands apart, we specialize in executive and high-earner cases where the future wealth is often the most valuable asset.
Common Mistakes That Backfire
DIY prenups. Online templates rarely account for complex future earnings like stock options, deferred compensation, or carried interest.
Waiting until the last minute. Courts frown on prenups signed days before the wedding.
One-sided terms. If your prenup feels like punishment to your partner, it’s more likely to be challenged.
As Asia cautions in Divorce Decoded: the wrong prenup can be as dangerous as no prenup at all.
Overly Broad Protection
Attempting to protect 100% of future earnings may result in an unenforceable agreement. Courts expect some recognition of marital partnership.
Inadequate Spousal Provision
Failing to provide adequately for your spouse's financial security could jeopardize the entire agreement's enforceability.
Inflexible Structures
Static agreements that don't account for changing circumstances may become outdated or impractical over time.
Poor Implementation
Even the best prenuptial agreement fails without proper implementation throughout the marriage.
FAQs: Future Earnings and Prenups in NYC
Q: Can I protect future bonuses and stock options?
A: Yes, if the prenup specifically categorizes them as separate property.
Q: What if my income doubles after marriage?
A: The prenup can outline how future raises or promotions are treated.
Q: Can my partner challenge the prenup later?
A: Challenges are rare when the prenup is fairly negotiated, with full disclosure and independent legal advice for both parties.
Why This Matters for High Earners
For high earners, the stakes are magnified. Without a prenup, future income can be siphoned into lengthy legal battles, damaging both your finances and your reputation.
With a prenup:
You keep control of your career trajectory.
Your child’s inheritance stays intact.
You avoid being dragged into years of litigation.
It’s not about being selfish. It’s about protecting what you’ve built and what you plan to build.
Final Thoughts: Protect Tomorrow, Today
So, can prenups protect future earnings? "Absolutely and for ambitious New Yorkers, they often should."
"A prenup isn’t a prediction of failure. It’s a commitment to fairness, transparency, and peace of mind."
As Asia Scarlett-Jones reminds readers in Divorce Decoded: the strongest marriages are built not just on love, but on clarity.
Download Now: 'Money, Marriage & New York: A Professional Woman’s Guide to Prenups'
And if you’re ready to take the next step:
Because your future earnings deserve the same protection as your present love.
Disclaimer:
The information provided in this blog is for general informational and educational purposes only and should not be construed as legal advice. Reading this blog, submitting comments, or contacting ASJ Law Office through this website does not create an attorney–client relationship.
While we make every effort to ensure the accuracy and timeliness of the information shared, laws and regulations change frequently, and the applicability of legal principles can vary depending on individual circumstances. For advice specific to your situation, you should consult directly with a licensed attorney in your jurisdiction.
Any references to past results, client stories, or case examples are illustrative only and do not guarantee a similar outcome. Names and identifying details may be changed to protect client confidentiality.
© ASJ Law Office. All rights reserved. Unauthorized reproduction or distribution of this material is prohibited.
