When couples plan for marriage, a prenuptial agreement isn’t always the first detail on their checklist. But for many, it’s one of the smartest financial decisions they can make. A prenuptial agreement determines how assets and debts will be divided if the marriage ends, providing clarity that can save enormous stress and money later. What often surprises people is how much the cost of a prenup can vary from state to state. From California to Texas to New York, where you live plays a big role in what you’ll pay.
Related Reading: A Wedding Minister Shares the Importance of Prenuptial Agreements in Modern-Day Marriages
What Drives Prenup Costs
The cost of a prenuptial agreement depends on several factors. Attorney fees are the largest. Some family law attorneys bill hourly, often ranging anywhere from $200 to $500 per hour, while others offer flat-rate packages for drafting or reviewing agreements.
Complexity is another factor. A straightforward prenup that outlines separate property and basic terms is much cheaper than one involving multiple businesses, investment portfolios, or blended families. If both partners bring significant assets to the marriage, drafting the agreement usually takes longer and requires more detailed legal work.
Revisions and negotiations also add to costs. If both sides need multiple rounds of edits, attorney hours add up quickly. Finally, state-specific rules can raise or lower the price. For example, some states require complete financial disclosures and separate legal counsel for both parties, which adds time and expense.
California is well known for having some of the highest legal fees in the country, and prenups are no exception. According to the Law Offices of R. Ross Jacinto, couples in California can expect prenup costs to range from the low thousands to several thousand dollars, depending on complexity.
Why so high? California has a large number of attorneys who specialize in family law, and the demand for their services drives up fees. The state also has a high cost of living, which directly impacts attorney billing rates. In metropolitan areas like Los Angeles, San Francisco, and San Diego, fees are often at the top of the scale.
Couples who own property, operate businesses, or expect significant inheritances should be prepared to spend more, since agreements covering these areas take more time to draft and review. While costly, many Californians see it as a necessary step—especially given the state’s community property laws, which split marital assets 50/50 without a prenup.
New York’s legal market is just as competitive, and in many ways mirrors California’s. According to ContractsCounsel, drafting a prenup in New York averages around $1,000. However, this is typically the starting point. In practice, many couples in New York City end up spending several thousand dollars, especially if their agreement is complex.
High-net-worth individuals in New York often pay much more, with some law firms charging between $3,000 and $10,000 for detailed agreements. This is especially common when the prenup involves international assets, family businesses, or significant real estate holdings. The concentration of wealth in New York means attorneys often handle highly customized agreements, which pushes costs higher.
In short, while the average may sound manageable, couples in New York—particularly in and around the city—often find that their prenup costs are similar to those in California.
Texas presents a very different picture. Legal services in Texas tend to be more affordable than in coastal states, and prenups reflect that difference. ContractsCounsel estimates the average cost for drafting a prenup in Texas is about $870, with review fees slightly lower.
Novak Novak Law offers flat-fee packages that start at around $995, making costs more predictable for couples. Premium tiers are available for complex situations, but even then, the pricing is usually far less than what couples pay in California or New York.
It’s worth noting that Texas is a community property state, similar to California, which makes prenups valuable for couples looking to customize how their assets are handled. Yet because attorney billing rates are lower in Texas, couples often find they can get the same level of legal protection for a fraction of the price.
Looking nationwide, prenup costs cover a wide range. According to The Knot, most couples spend between $1,000 and $10,000, depending on complexity and location.
Florida, for example, generally falls into the middle range. In cities like Miami or Orlando, attorney fees are higher, but in other parts of the state, prenups are far more affordable. Midwestern states often have even lower costs, reflecting smaller legal markets and lower costs of living.
This broad spectrum shows how important location is. While a prenup in New York or California might run $5,000 or more, couples in Texas, Ohio, or the Midwest may spend less than $1,500 for a similar agreement.
There are three main reasons why location matters so much. First, the cost of living in a state directly impacts what attorneys charge. In states like California and New York, higher living expenses mean higher hourly rates.
Second, market demand plays a role. Attorneys in large metro areas with high demand for family law services can set higher fees, while in rural or less competitive markets, attorneys often charge less.
Third, state legal requirements can influence how much time it takes to finalize an agreement. Some states require both partners to have separate attorneys. Others mandate extensive financial disclosures. These rules, while designed to ensure fairness, also add to the cost.
Some couples hesitate when they see the price tag for a prenup. But it’s essential to view it as an investment, not just an expense. Divorce litigation can easily cost tens of thousands of dollars if assets are disputed. A well-drafted prenup, even if it costs several thousand dollars upfront, can save far more in the long run.
Consider this: the average contested divorce in the U.S. can cost anywhere from $15,000 to $30,000 or more. Compared to those numbers, paying $1,500 in Texas or $5,000 in California for a prenup is relatively small. Beyond the financial savings, prenups provide clarity, reduce conflict, and give couples peace of mind as they begin their marriage.
Prenup costs vary widely depending on where you live. California and New York sit at the higher end, Texas offers more affordable options, and the national average spans from $1,000 to $10,000. These differences come down to cost of living, attorney billing rates, and state-specific rules.
Still, no matter where you live, the value of a prenup goes beyond the price tag. It is a tool for financial planning, fairness, and protection. For engaged couples, the question isn’t just what a prenup costs today—it’s how much conflict and expense it can save tomorrow.
