A prenup can do a lot. It can protect a business, spell out how you’ll divide property, and even limit spousal support. But Nevada law draws some firm lines. Here’s what a Nevada prenup can cover, what it can’t, and why.
Why Prenups Follow Special Rules
Most contracts are deals between strangers acting at arm’s length. A premarital agreement is different. Spouses owe each other a fiduciary duty of loyalty and good faith. Next to the parent-child bond, the law treats marriage as its most important fiduciary relationship. That shapes how couples must make a prenup and what it can include.
Nevada follows the Uniform Premarital Agreement Act, found in NRS Chapter 123A. Under NRS 123A.040, a prenup must be in writing and signed by both partners. It takes effect on the day you marry.
Related: Should You Get a Prenup? and Why Do I Need an Attorney for a Premarital Agreement?
What a Nevada Prenup Can Cover
Under NRS 123A.050, a prenup can address nearly any issue involving a couple’s property, income, and debts. Common terms include:
- Which assets stay separate property and which become community property
- How you’ll divide real estate and personal property if you divorce
- Who is responsible for debts brought into or taken on during the marriage
- How each spouse can manage, sell, or transfer property during the marriage
- Making a will or trust to carry out the agreement
- Each spouse’s rights to death benefits from a life insurance policy
- Spousal support, including limits or a full waiver
Related: How Is Debt Divided in a Nevada Divorce?
Spousal Support: Allowed, With One Limit
Nevada lets couples limit or waive spousal support in a prenup. This is one of the most common prenup terms. For example, a couple might cap support at a set amount. Or they might agree to a lump-sum buyout tied to the length of the marriage.
That freedom has a limit. Under NRS 123A.080(2), a support waiver can’t leave a spouse eligible for public assistance. If it would, a court can order the other spouse to pay enough support to prevent that result.
What a Nevada Prenup Can’t Cover
Some terms stay off-limits, even when both partners agree to them.
Child Custody
A prenup can’t decide legal custody or physical custody of children from the marriage. Courts decide custody based on the best interest of the child at the time. What the parents agreed before the child was born doesn’t control that decision.
Child Support
Under NRS 123A.050(2), a prenup can’t reduce or waive a child’s right to child support. A court won’t enforce a child support waiver, even if both partners signed it.
Household Chores
A prenup can’t assign who cooks, cleans, or takes out the trash. Courts generally won’t enforce terms about day-to-day household duties. The law leaves those decisions to the couple.
When a Prenup May Not Hold Up
Even a carefully drafted prenup can fail if the couple didn’t make it the right way. Under NRS 123A.080(1), a court may refuse to enforce a prenup if the challenging spouse proves either of the following:
- They didn’t sign it voluntarily.
- It was unconscionable when signed, and before signing they didn’t get fair disclosure of the other partner’s finances. They also didn’t waive that disclosure in writing and had no reasonable way to know those finances on their own.
That’s why full financial disclosure and separate attorneys for each partner matter so much.
Moving Forward
A prenup works best when both partners understand what it can and can’t do. At Jones & LoBello, our family law attorneys help couples draft premarital agreements that reflect their goals and follow Nevada law.
Contact us today to schedule a consultation and discuss your options.
About the Author
Michele LoBello, Esq.
This article provides general information about Nevada law. It is not legal advice, and reading it does not create an attorney-client relationship.
