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Seven Surprising Clauses Couples Are Putting Into Their Prenups

Posted On: July 05, 2026

THE COST OF DIVORCE...

Who keeps the crypto in a divorce? Who keeps the embryos? More Americans prefer to figure it out before tying the knot.

Prenups are in fashion.

They are no longer stodgy arrangements used by the uber-wealthy to wall off their money. Their popularity is growing among everyday Americans.

About one in five adults who are either married or engaged had a prenuptial agreement, according to a 2023 survey by Harris Poll. The share was higher among younger adults who were engaged or had been married: 41% of Gen Z respondents said they had signed one, as did 47% of millennials.

When people get married, they are taking a clearer-eyed view of the financial realities of divorce. Some couples say they would rather discuss wealth imbalances before the wedding than after. Others are tying the knot later in life, once they have their own assets.

Not having a prenup, or having a shoddy one, can be a recipe for financial disaster. Some people expressed regret for not drafting one before marrying, or letting the details go unscrutinized. The author Belle Burden recently published a buzzy memoir chronicling her own financial fallout from a divorce, where she said the prenup didn’t protect her interests.

Divorce lawyers say that, done right, a prenup doesn’t have to be a mood killer.

We pulled together sample provisions of a modern prenup, with the help of Julia Rodgers, founder of the website HelloPrenup, and Sherri Sharma, a matrimonial lawyer at Mosberg Sharma Stambleck Gross." (Excerpts have been edited and condensed.)

EMBRYOS

More than one million embryos are currently in storage at U.S. facilities, according to the American Society for Reproductive Medicine. Who gets them in a divorce? It is a thorny legal question that hasn’t been fully ironed out in the courts. Couples who plan to undergo in vitro fertilization are increasingly addressing custody of frozen embryos in prenups.

Upon a Termination Event, any of the Parties’ unused embryos shall continue to be stored and neither Party shall use the embryos for any purpose without the written consent of the other Party. If the Parties are unable to agree on the disposition of the embryos within five (5) years of a Termination Event, the Parties shall jointly instruct the storage facility to discard the embryos or donate the embryos to scientific research and shall promptly execute all documents required by the storage facility to do so.

CRYPTO

Crypto has moved from the fringes of the financial world closer to the mainstream, and it isn’t unusual for people to own part of their wealth in bitcoin or other digital assets.

Any cryptocurrency owned prior to, or acquired during the marriage, and any appreciation, income, or growth of such cryptocurrency shall not be deemed marital or community property, regardless of the extent of increase in value during the marriage.

THE TRUST FUND

Private bankers and lawyers say that for wealthy families, an impending engagement is often a launchpad for a discussion about wealth and inheritances. Many of their clients come to the table with sophisticated estate plans that their parents may have conveyed to them, perhaps through a “trust reveal.” 

That said, you still may need a prenup. “The prenup is that extra belt and suspenders,” Sharma said.

Any and all present or future interests of a Party in any trust created by a third party shall remain the Separate Property of that Party. This includes, without limitation, all property held in said trust(s) and all distributions and income derived from said trust(s), whether the trust was established before or after the execution of this Agreement."

More than $100 trillion will move from older generations to offspring and charities through 2048, according to Cerulli Associates. The wealthy are often turning to complex trusts to pass down money.

DIVIDING ASSETS

When one spouse earns a lot more than the other, the two sides can work out terms. A hedge-fund manager might structure a prenup so that he and his partner divide the first $20 million that he makes after their wedding. After his first $20 million, he might keep $2 out of every $3 that he makes, rather than splitting his salary down the middle.

Couples may agree on lump-sum payments at the time of divorce, based on how long they were together. For ultra-high-net-worth couples, these payments can go up to $1 million a year or higher. Typically, payments cap at a certain number of years, Sharma said.

Upon a Termination Event, Party A will pay Party B a tax-free cash distributive award based on the length of the marriage, equal to $100,000 per full year of marriage.

Lawyers caution against prenups that bar the less wealthy spouse from building joint assets during the marriage. Those terms can create dependency rather than a real choice to stay, and are vulnerable to being challenged in court.

Partners can also negotiate terms such as a payout tied to the birth of a child and property that is in both of their names. 

PETNUPS

Roughly 29% of married and unmarried people said pet-related conflicts made their breakups more difficult, according to a MetLife Pet Insurance survey of 1,000 Americans last year. Nearly half of owners said they would sign a “pet prenup” that laid out how they would share responsibilities if they split. 

Party A and Party B agree to share physical custody and pet costs, including veterinary, medicine, and pet-food costs associated with Beatrice, a Maine coon cat.

NONDISCLOSURES

Some individuals might not want their friends and family members to know about their wealth or prenups, and they certainly don’t want it spread on social media.

Neither Party shall disclose, reproduce, disseminate, use, or permit any third party to disclose, reproduce, disseminate, or use any Confidential Information without the prior written consent of the Confiding Party. These confidentiality obligations shall survive indefinitely.

FEELING EQUITABLE

Jackie Combs, a divorce attorney, said the prenup conversation often focuses on the wrong thing. Couples argue over who keeps what if they split. The better question: What does the less wealthy spouse actually have access to during the marriage?

She tells clients to imagine themselves in two decades. They might have children by then, or have left the workforce. Prenups that are inked before a couple first gets married may need to evolve over time, and some couples pen postnups. 

“Does the agreement still feel equitable to those future versions of yourself and your spouse?” Combs said.

Entire article above courtesy of Dalvin Brown & Gunjan Banerji, The Wall Street Journal
Royalty-free photo courtesy of Google’s Gemini

_______________________________________________________________

Ms. Spirio is a prenuptial lawyer with experience in negotiating and writing Prenuptial Agreements as well as Domestic Partnership and Co-Habitation Agreements.

If you are considering getting married or entering into a domestic partnership, for a no-obligation initial 15-minute consultation on the benefits of having a Prenuptial or Domestic Partnership Agreement or Co-Habitation Agreement and personal service, contact Spirio Law today!

The number to call is (631) 277-8844. When you call, we will gladly answer any and all questions you may have about our legal services, including No Court Divorce: Collaborative Divorce & Mediation.

The Alternative to Litigation

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

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What Divorce Does to Children’s Development: New Insights

Posted On: June 22, 2026

A divorce is seldom easy—not for the couple that divorces, but also not for their children (if they have any).

Past psychological research on how divorce affects children’s development typically focused on older children.  A new study explored how parents' divorce affects early child development.  Data from more than 62,000 children aged 3 to 5 years, as well as their families, were analyzed, and not surprisingly, it shows children from divorced families showed slower development than children from intact families.

It's a fascinating article which you can read here...

Selected excerpt(s) and linked article courtesy of Sebastian Ocklenburg, Ph.D., PsychologyToday(dot)com
Royalty-free photo courtesy of Google’s Gemini

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

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PRIDE 2026: Standing Firm Together In Power & Pride

Posted On: June 18, 2026

Here are some fabulous pictures from the Suffolk County Courts Pride 2026 symposium on June 17th.

The Keynote Speaker & Honoree Omar Gonzalez-Pagan, Esq., Senior Counsel, LAMDA Legal was AMAZING!

Looking forward to attending next year as well.

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

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In Honor Of June Pride Month...A Few Highlights From The Advocate

Posted On: June 15, 2026

The Stonewall riots, also known as the Stonewall uprising, Stonewall rebellion, Stonewall revolution, or simply Stonewall, were a series of spontaneous riots and demonstrations against a police raid that took place in the early morning of June 28, 1969, at the Stonewall Inn, in the Greenwich Village neighborhood of Lower Manhattan in New York City. Although the demonstrations were not the first time American LGBTQ people fought back against government-sponsored persecution of sexual minorities, the Stonewall riots marked a new beginning for the gay rights movement in the United States and around the world.

In honor of June Pride Month, here are a few highlights from The Advocate...

The internet has turned Rep. Nancy Mace's humiliating election loss into comedy gold.
The MAGA politician managed to get last place in the gubernatorial primary, an embarrassing loss the internet won't let her forget.

Delaware strengthens legal protections for LGBTQ+ families as other states move the opposite way.
The updated Parentage Act aims to ensure children have legally recognized relationships with their parents regardless of biology, marital status, or how their families were formed.

Doctors ask judge to halt Trump policy targeting trans people living with HIV.
The challenge comes from leading HIV medical organizations, which argue the restrictions threaten one of the country's most successful public health programs.

Republicans cannot stop generating images of James Talarico as a woman.
Obsessed much?

Virginia school accused of failing to protect trans teen from planned attack.
Tatiana Blount says Norfolk school officials ignored repeated warnings and denied requests for protection before a violent attack left her with permanent injuries.

House Republicans accuse leaders of trans-inclusive school systems of ‘child abuse’.
Superintendents pushed back against claims that inclusive policies endanger children, arguing that schools have a responsibility to support all students.

The case for 'strategic visibility' this Pride.
Opinion: Pride often celebrates being seen. But trans communities have long practiced a different kind of wisdom: knowing when visibility serves the work — and when it puts it at risk.

How a 'Conversion Therapy Dropout' found belonging after religious trauma.
Timothy Schraeder Rodriguez's powerful memoir explores evangelical culture, conversion therapy, and the hard-won path to belonging.

Stop! That! Train!'s queens describe their characters and favorite moments filming.
The Drag Race alumni of Stop! That! Train! spill on their characters, ruveal memories from the set, and share why audiences should hop aboard.

Rising anti-LGBTQ+ censorship efforts pull directly from the playbooks of modern authoritarian leaders.
As Congress advances anti-LGBTQ+ legislation and states expand restrictions on queer and trans visibility, PEN America experts warn the tactics increasingly 

resemble those used by modern authoritarian governments.

Selected excerpt(s) and linked articles courtesy of The Advocate & Wikipedia
Royalty-free photo courtesy of Google’s Gemini

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT


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You Can Tell A Couple Is Headed For Divorce By These 10 Behaviors That Slowly Become Normal

Posted On: June 08, 2026

There are many reasons that couples consider divorce, including unresolved empathic ruptures, lack of compatibility, or lack of romantic connection.  No matter the reasons underlying your marital dissatisfaction, divorce is a difficult decision to make, particularly if there are children involved. 

Here are some of the most common decision points I see in my practice that make people feel that it is definitely time to move forward with separation and divorce.

Selected excerpt(s) and linked article courtesy of Samantha Rodman Whiten, yourtango(dot)com
Royalty-free photo courtesy of Google’s Gemini

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

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CURED: Doctors Called Them Sick. The Remedy Was Rebellion.

Posted On: June 02, 2026

I had the privilege of attending a talk and screening with the writer/director of the documentary Cured, which explores the pivotal, grassroots campaign that forced the American Psychiatric Association (APA) to remove homosexuality from its manual of mental illnesses in 1973.  It was a great event!

You can watch the film on Amazon, iTunes, and Xfinity.

Selected excerpt(s), film poster and main picture courtesy of Cured and the Cured Documentary Trailer

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT


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A Necessary National Conversation About A Woman’s Risk Of Being Killed By An Intimate Partner Is Highest In The Weeks And Months Around A Separation

Posted On: June 01, 2026

DOUBLE DANGER, by Earl Smith & Angela J. Hattery

A judge had ordered Justin Fairfax, the former lieutenant governor of Virginia, to move out of the house where on April 16 he killed his wife and then himself. On April 19, in Shreveport, La., Shamar Elkins shot his wife, a second woman, and eight children the day before he was due in divorce court. These are not anomalies. They are data points in a crisis that has persisted for generations.

The two cases have catalyzed a necessary national conversation about the fact that a woman’s risk of being killed by an intimate partner is highest in the weeks and months around a separation. But that conversation must not flatten the racial dimensions of this crisis. All three adult victims were Black women. Both men were Black. And while domestic violence crosses every racial and economic line, the data are unambiguous: Black women bear a disproportionate share of its consequences.

According to a 2025 study by the Violence Policy Center, Black women are killed by men at twice the rate of their white counterparts. Domesticviolence homicide is a leading cause of homicide of women, accounting for 30% to 40% of femicides; the majority were killed with firearms. A separate Centers for Disease Control and Prevention analysis found that more than 4 in 10 Black women experience physical violence from an intimate partner during their lifetimes—a rate exceeding that for any other demographic.

The problem is not simply a shortage of shelters or hotlines, though those are real. The deeper barrier is trust. For Black women, a justified historical skepticism toward police and child-protective services—institutions with long records of overpolicing Black families and underprotecting Black victims—creates a painful calculus. Seeking help can mean inviting the state into one’s home in ways that may bring new harms, including the removal of children or criminalization of a partner whose behavior has not yet risen to the level of a chargeable offense. We argue that this is not paranoia, but rather a rational response to documented institutional patterns.

At the same time, access to culturally competent mental-health care for Black men experiencing crisis—the other side of this equation—remains severely limited. Programs like the YBMen Project, which creates peer-supported spaces for young Black men to address mental health openly, represent a promising model. But they are chronically underfunded relative to the scale of need. Elkins, the Shreveport man, sought help at a Louisiana VA hospital. Former lieutenant governor Fairfax’s mental-health deterioration was documented in court records, where a judge called “very concerning” his reluctance to seek care. In neither case did the systems intercept the trajectory toward violence.

The Response to these tragedies cannot be limited to candlelight vigils and expressions of heartbreak from elected officials, however sincere. Public policy must address the structural conditions behind the crisis.

First, family courts must develop robust lethality-assessment protocols triggered by the conditions most associated with intimate-partner homicide: recent or pending separation, history of coercive control, access to firearms, and deteriorating mental health in the respondent. These assessments exist, but they are not universally required or resourced.

Second, federal and state funding for domestic-violence services must be directed with equity in mind. Community-based organizations serving Black survivors are routinely underfunded relative to their caseloads. The federal Violence Against Women Act provides an important foundation, but its implementation must be evaluated for equity in resource distribution.

Third, the mental-health dimension of domestic violence cannot be treated as separate from prevention. Expanded access to affordable, culturally competent mental-health services—particularly for Black men in economic and legal crisis—is not a peripheral concern. It is central. This means funding community mental-health infrastructure, not just crisis hotlines, and ensuring VA services reach veterans before, not after, a household is in acute danger. And finally, mandatory holding periods for firearm purchases during active divorce and domestic proceedings, combined with better enforcement of existing laws prohibiting individuals subject to domestic-violence protective orders from possessing firearms, represent common-sense interventions with documented effectiveness. Both Elkins and Fairfax had legal histories and behavioral red flags. Neither should have had a gun.

We failed these families. And we cannot afford to fail anyone else.

Entire article courtesy of Earl Smith & Angela J. Hattery
Smith is a senior research fellow at, and Hattery co-founder of, the University of Delaware’s Center for the Study and Prevention of Gender-Based Violence
Royalty-free photo courtesy of Google’s Gemini

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT


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Another Successful Panel On Finances, Estate Planning, & More For LGBTQ+ Adults

Posted On: May 26, 2026

This was our successful panel from last Wednesday's presentation featuring guidance on finances, estate planning, and more for LGBTQ+ adults, held at The Bristal at Garden City.

The event was well attended and was extremely informative.

Looking forward to the next one!

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

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