The Journal. · Friday, September 18, 2026
Even without a formal prenuptial agreement, state laws dictate how assets are divided in case of divorce. This legal framework can be considered an 'unofficial prenup,' as judges or couples will typically aim for an equitable distribution of assets based on the specific circumstances. Some states lean towards a strict 50/50 split, while others allow judges more discretion to determine fairness.
“So, even if you don't get an official prenup, there are still laws that would apply if you got a divorce.”
“In that case, the state decides how your assets get split up.”
“So it kind of depends, roughly, a judge or the couple themselves will do an equitable distribution of assets.”
“Some states are more purely 50/50, and the court will basically kind of decide what's fair at the end of a marriage given whatever the circumstances are.”