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Prenups are increasingly common before couples say “I do” - and one particular clause has doubled in the past six years, according to a new study.
Clauses that address debt increased from 35 percent in 2021 to 65 percent this year, according to findings from Seattle-based Dellino Family Law. Younger generations who value transparency are driving the trend.
“The shift is being led by younger couples who see financial clarity as part of commitment,” the study said.
If one partner enters a marriage with debt - such as a mortgage, credit cards or auto loans - that debt could become a problem for both spouses. Prenup debt protection keeps the debt with the person who created it and can set limits on the partner’s responsibility, depending on state laws, according to Fort Worth-based law firm Turner-Monohan.
“Prenups are becoming a debt shield, not just a wealth shield,” according to the study. “Couples are worried about walking into marriage with student loans, credit card balances, medical bills, or other premarital debt that could become a shared problem.”
Some 95 percent of women prioritize debt protection when drafting a prenup with their partner, according to new research (AFP/Getty)
Some 95 percent of women prioritize debt protection when drafting a prenup with their partner, a move that research says is a smart one.
The average household’s debt burden - and the hefty interest payments it carries - may be part of the reason why 87 percent of partners want clarity about which debts are shared and aren’t.
That focus on debt has fundamentally changed how partners approach prenups, Dellino Law Firm’s study noted.
“It is about every couple trying to answer one hard money question before marriage: who is responsible for the debt brought in before the wedding,” the study said.
Men carry more credit card debt than women and are more likely to be overconfident in their financial knowledge, according to a 2025 study in peer-reviewed academic publication, Journal of Behavioral and Experiential Finance.
That overconfidence leads men to make credit-damaging late payments, which can lead to higher future borrowing costs that impacts both spouses.
Women are more likely than men to take on their partner’s debt, according to a 2021 study from personal finance site Finder. Men take on an average of $31,740 debt from their spouse, while the average wife takes on $15,861, according to the study.
Americans carry an average of $104,755 in debt individually, according to an November 2025 study from credit bureau Experian.
Over time, that debt becomes costly. The average American pays more than $164,900 in interest across all loans and credit cards in their lifetime, according to a 2025 analysis by CNBC Select.