The Journal. · Friday, September 18, 2026
A significant trend in recent prenuptial agreements involves clauses designed to protect a partner who leaves the workforce to care for children. These clauses aim to shift the balance of power by proactively addressing potential future scenarios, ensuring that the economic disadvantage of a career break is considered. This contrasts with traditional prenups that might only offer half of the marital assets, without accounting for lost career seniority or retirement savings.
“It's a clause that protects a partner who leaves the workforce to take care of the kids.”
“Some couples are putting clauses in their prenups that are helping shift the balance of power.”
“To make it less reactive and defensive and more proactively looking at answers to questions about what will happen in the future.”
“You might get half of the money. But what you've given up is a job that gives you career seniority, 401k in your name, that has been building interest, annual raises.”