Jacqueline Newman says every marriage already has a prenup

At Groundbreaking Women 2026 in New York, divorce attorney Jacqueline Newman argued that prenups are now a mainstream planning tool for couples, not just the wealthy. She said women are requesting them as often as men and warned that marriage already comes with state-imposed financial rules unless couples set their own terms.

Why it matters: - Prenuptial agreements have moved from a niche topic to a common part of marriage planning. - A Harris Poll conducted for Axios found half of U.S. adults at least somewhat support prenups, but only about one in five married couples has one. - Among engaged or married respondents, 47% of millennials and 41% of Gen Z reported entering a prenup. - Newman’s message matters because she is framing prenups as a practical protection tool for assets, income, and family planning.

What happened: - Jacqueline Newman, managing partner of Berkman Bottger Newman & Schein, LLP, spoke onstage at Groundbreaking Women 2026 in New York. - Newman discussed prenups, divorce, and wealth during the event. - Newman said women are now asking for prenups as much as men, if not more. - Newman is also the author of The New Rules of Divorce: Twelve Secrets to Protecting Your Wealth, Health, and Happiness.

The details: - Newman said every married couple already has a prenuptial agreement in practice. - Newman argued the real choice is whether the state sets those terms or the couple does. - Newman drew a distinction between family money prenups and new money prenups. - Family money prenups are designed to keep inherited wealth in the bloodline. - New money prenups are designed to protect wealth built before or during the marriage. - Newman said business-owner cases can be especially difficult because New York values business equity and owner income often flows directly from the business. - Newman said hard financial conversations are easier before marriage than after a mortgage, children, and daily family stress arrive. - Newman also discussed gray divorce, where one dual-income financial plan must suddenly support two households. - Newman pointed to the pandemic’s effect on custody, saying men became far more involved in daily parenting. - Newman said New York maintenance formulas have been trending downward. - Newman said that trend makes her wary when women leave the workforce and become financially dependent. - Newman told the audience, “Stop pretending things aren’t romantic.” - Newman added, “Do what you got to do to protect yourself.” - More information on the Harris Poll cited in the remarks.

Between the lines: - Newman’s comments reflect a broader cultural shift toward treating marriage as both a personal and financial contract. - Her emphasis on women seeking prenups suggests the conversation has moved beyond protecting one spouse’s assets to negotiating risk on both sides. - The focus on gray divorce, custody, and maintenance underscores how long-term planning can matter more than the wedding-day conversation itself.

What’s next: - Prenup discussions are likely to keep growing as younger couples normalize them and older couples face more complex financial situations. - Business ownership, inherited wealth, and workforce interruptions will remain key pressure points in future divorce planning. - Newman’s remarks suggest more couples may enter marriage expecting to negotiate terms upfront rather than leaving those decisions to state law.

The bottom line: - Newman’s central message was blunt: if couples do not set their own rules, the law will do it for them.