Prenuptial Agreements: What They Are and Why They Matter — With a Look at Alaska Law

A prenuptial agreement—often shortened to “prenup”—has long carried a reputation for being unromantic or pessimistic. But in today’s world, more couples are recognizing prenups for what they truly are: practical, proactive tools that provide clarity, protect assets, and reduce future conflict. Far from being a sign of mistrust, a well-drafted prenuptial agreement can actually strengthen a marriage by encouraging transparency, fairness, and mutual understanding from the start.

Whether you’re entering your first marriage, remarrying later in life, or bringing children or significant assets into a new relationship, understanding the purpose and limits of a prenuptial agreement is critical—especially in a unique legal landscape like Alaska’s.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal contract signed by two people before they get married. It sets out how finances, property, and debts will be handled during the marriage and in the event of divorce or death. While the specific rules vary by state, most courts will enforce a prenup if:

  • It’s in writing and signed by both parties;

  • Both parties entered into it voluntarily and without coercion;

  • There was full and fair disclosure of all assets and liabilities; and

  • The terms are not grossly unfair or “unconscionable” at the time of signing.¹

Prenups can cover a wide range of financial issues, including who owns what property, how future property will be divided, whether spousal support (alimony) will be paid, and how debts will be allocated. However, there are limits: no prenuptial agreement can dictate child support or custody, which are always decided by a court based on the best interests of the child.²

When Should You Consider a Prenup?

Prenups aren’t just for the wealthy. In fact, they can be particularly useful in situations where:

  • One or both partners have significant assets;

  • One partner owns a business;

  • One or both have children from a previous relationship;

  • One party is bringing significant debt into the marriage; or

  • There’s a large difference in income or earning potential.³

Even couples without significant assets may want to use a prenup to clarify financial responsibilities and avoid relying on default state property laws. Discussing these matters before marriage can help couples align their expectations and start their partnership on a foundation of honesty.

What Can (and Can’t) a Prenup Include?

A well-crafted prenup can cover a variety of financial and legal topics, such as:

  • Division of assets and debts in case of divorce or death;

  • Ownership of a business or professional practice;

  • Protection of family heirlooms or inheritances;

  • Allocation of student loans or credit card debt;

  • Terms for spousal support (including whether it will be waived); and

  • Rights to retirement accounts, investment portfolios, or real estate.⁴

However, most states—including Alaska—do not allow prenups to waive or limit child support, or to pre-determine child custody arrangements. Courts retain the authority to decide these matters based on the child’s welfare at the time of divorce.⁵

Avoiding Common Pitfalls

For a prenup to be enforceable, both parties must enter into it voluntarily. Courts may throw out an agreement if one party didn’t have time to review it, wasn’t fully informed of the other’s finances, or was pressured into signing. Having each party represented by their own attorney is strongly recommended—and in some states, it’s required.⁶

To avoid any appearance of coercion, the prenup should be negotiated and signed well before the wedding. Last-minute agreements are more likely to be challenged and invalidated in court.

Prenuptial Agreements in Alaska: A Unique Legal Environment

Alaska offers some legal features that make prenuptial agreements particularly valuable. One of the most notable is that Alaska is the only state that allows couples to opt into a community property system.⁷ By default, Alaska uses an equitable distribution model in divorce, meaning that property is divided fairly—but not always equally—based on several factors. However, couples can choose to adopt a community property agreement if they wish to treat all assets acquired during marriage as joint property.

A prenup can clarify whether a couple has opted in or out of this system and define exactly how property will be categorized and divided. These agreements can also be used to address issues unique to Alaska, such as ownership of Native corporation shares, fishing permits, homesteads, or subsistence rights.⁸

Alaska has adopted the Uniform Premarital Agreement Act (UPAA), which sets clear legal standards for the creation and enforcement of prenups. Under the UPAA, a prenuptial agreement must be in writing, voluntarily signed, and based on full financial disclosure. It must also be fair and reasonable at the time it was signed.⁹

Courts in Alaska may decline to enforce a provision of a prenup—such as a waiver of alimony—if enforcing it would leave one spouse unable to meet basic living needs. Similarly, any terms that impact child custody or child support will be set aside if they are not in the best interests of the child.¹⁰

Conclusion

A prenuptial agreement isn’t about planning for failure—it’s about preparing for life’s uncertainties with honesty and mutual respect. It allows couples to have thoughtful conversations about money, property, and future expectations before they marry, setting the stage for a more secure and transparent partnership.

In Alaska, where the law allows for unique community property elections and where legal issues like subsistence rights and Native land claims may arise, having a well-drafted prenup that reflects your personal and legal needs is especially important.

Before signing a prenuptial agreement, both parties should consult independent legal counsel. A carefully crafted agreement can help protect your rights, safeguard your family’s interests, and ensure that you enter marriage not only with love—but also with legal peace of mind.

Works Cited

  1. “Prenuptial Agreement Requirements,” HelloPrenup: Prenup in Alaska, 2024.

  2. “What Is a Prenuptial Agreement?” Shortell Law, 2024.

  3. Sarah-Kathryn Bryan, “Why Prenuptial Agreements Are Essential for Protecting Your Assets in Alaska,” Shortell Law, Jul. 7, 2024.

  4. HelloPrenup: Prenup in Alaska, 2024.

  5. “Family Law FAQs,” Alaska Court System, accessed June 2025.

  6. HelloPrenup: Prenup in Alaska, 2024.

  7. Alaska Stat. § 34.77.090 (2024), community property agreements.

  8. Ibid.

  9. Uniform Premarital Agreement Act (UPAA), adopted in Alaska, AS § 13.75.010–100.

  10. “Spousal Support and Marital Agreements,” Alaska Court System, accessed June 2025.