If your partner earns more, has more savings, or seems more comfortable with the financial side of things, a prenuptial agreement can feel one-sided — like a document built to protect them from you. In reality, a well-drafted prenup can do just as much to protect the lower-earning partner. Here is how.
It is common for the partner who earns less to assume a prenup only takes things away. But a prenuptial agreement is simply a contract that the two of you write together, in advance, while you still like each other and can think clearly. That is a much better time to plan than in the middle of a divorce. Below are the tools we use in Illinois and Missouri prenups to make sure the lower-earning spouse is protected, not penalized.
1. Spousal Maintenance (Alimony) Provisions
The whole idea behind maintenance is to help a lower-earning spouse maintain a reasonable quality of life after a divorce. A prenup can spell out maintenance in advance — for example, a set monthly amount, or an amount tied to the length of the marriage. Both Illinois and Missouri allow couples to address maintenance in a prenup, within limits the courts will enforce. Planning it now means you are not left fighting over it later.
2. A Fair Share of Retirement Savings
When one partner has a much larger 401(k), 403(b), or pension, the gap can grow significantly over a marriage. A prenup can provide that the lower-earning spouse receives a portion of retirement contributions or growth — anywhere from a flat percentage to a formula tied to the income difference between you. This is often the single most valuable protection for the spouse who earns less.
3. Sunset Clauses and Time Limits
A prenup does not have to be permanent or all-or-nothing. Many couples include a “sunset clause” that softens or removes certain terms after the marriage reaches a milestone — say, after five or ten years. Maintenance can also be set to last for a defined period or tied to a percentage of the length of the marriage. These tools keep the agreement fair as your life together grows.
4. Protection If There Are Children
If you step back from your career to raise children, that decision affects your income and retirement for years. A prenup can account for that ahead of time so the financial impact of raising a family does not fall entirely on one person. (Note: a prenup cannot decide child support or custody in advance — those are always decided based on the children’s best interests at the time — but it can address the spouses’ own financial arrangements.)
The Real Point: You Are Not Handcuffed to the Marriage
A good prenup is not about planning to divorce. It is about making sure that, if life does not go as planned, you have the security to pay for a home, support your children, and keep building toward your own future. You should never feel financially trapped in a marriage. A fair agreement removes that fear for both of you — which is one reason couples who plan ahead often report stronger, more transparent relationships.
Illinois and Missouri Both Allow This Kind of Planning
Whether you are marrying in Chicago or St. Louis, the law in both states lets couples address property, maintenance, and financial arrangements in a prenup — as long as there is full and fair financial disclosure, both parties enter the agreement voluntarily, and the terms are not unconscionable. That last part is exactly why having your own attorney matters: it helps prove the agreement was fair and freely entered.
Talk to an Attorney Who Will Represent You
We regularly represent the partner reviewing or negotiating a prenup — not just the higher earner. Our job is to make sure you understand every provision and that the agreement protects your interests too. Schedule a Prenup Strategy Call, or call our St. Louis office at (314) 312-0510 or our Chicago office at (773) 644-3993.
Not ready to talk yet? Start with our free checklist, “Is a DIY or AI Prenup Enough for You?” or explore more in our Prenup Confidence Hub.
This article is general information, not legal advice, and does not create an attorney-client relationship. Prenuptial agreement laws differ between Illinois and Missouri and depend on your specific facts. Please consult a licensed attorney in your state before acting.