A prenuptial agreement—commonly known as a “prenup”—might not sound like the most romantic step before a wedding, but for many couples in Arizona, it’s a practical and empowering tool that offers clarity, protection, and peace of mind.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract signed by two people before they get married. It outlines how assets, debts, and spousal support will be handled in the event of a divorce or death. In Arizona, which is a community property state, this agreement can be especially helpful in overriding default state laws that would otherwise split property equally between spouses.

Who Should Consider a Prenup?

While many people assume prenuptial agreements are only for the wealthy, the reality is that anyone entering marriage with assets, debts, or children from a previous relationship should consider one. You may benefit from a prenup if:

• You own real estate, a business, or investments
• You have significant personal savings or retirement accounts
• One partner has student loans or other large debts
• You or your partner plan to take time away from work to raise children
• This is a second or subsequent marriage

What Does a Prenup Cover in Arizona?

In Arizona, a prenuptial agreement can address:

• Property ownership and division
• Business interests
• Spousal support terms
• Debt responsibility
• Rights to certain inheritances
• Life insurance benefits
• Financial responsibilities during the marriage

However, a prenup cannot include terms about child custody or child support, as these must be decided based on the child’s best interests at the time of divorce.

Why a Prenup Makes Sense in a Community Property State

Arizona’s community property law means that, without a prenup, everything earned or acquired during the marriage is generally split 50/50. A prenuptial agreement lets couples opt out of this default arrangement and instead create a plan that reflects their individual goals and values.

For example, a spouse who started a business before marriage may want to ensure that business remains their separate property. Or a couple may agree that any debts incurred during the marriage will be divided based on who accrued them—not split down the middle.

Planning for a Stronger Future

A prenup isn’t about expecting a marriage to fail—it’s about communicating openly and making joint decisions when emotions are calm and cooperative. It allows both partners to protect their futures, reduce uncertainty, and enter the marriage with clear expectations.



At the Law Office of J. Marc Montijo, Ltd., we work with engaged couples throughout Tucson to create thoughtful, custom prenuptial agreements that reflect their values and protect what matters most.