We cannot tell you which state to choose, but it is common practice and commonly accepted that you should choose the state in which you plan to reside as a married couple.
Your choice of state (this is what we call choice of law) determines which state's laws will be applied to your prenup at the time of enforcement (ie divorce). In addition, a line will appear in your HelloPrenup agreement that states that you and your future spouse plan to reside in that state as a married couple.
Prenuptial agreement law varies from state to state. If you live in one state now, but may move to another state, you should contact a licensed attorney in each state to discuss how each state would go about enforcing a prenuptial agreement.
Need an example?
Let’s say you live in California now, but you and your honey plan to move to either Florida or Massachusetts after you get married. Should your prenup be for California, Florida, or Massachusetts? Well, this is where ‘choice of law’ comes in. If you know, 100% that you are moving to Florida right away (because why would you live somewhere cold like Massachusetts?! 🤣) and you plan to live in Florida as a married couple forever and ever, the choice is easy- Florida is a logical choice. But, if you are not sure whether you will move, when you will move, or where you will move? You should contact a licensed attorney to talk about what laws in those states look like.
If you are still unsure of which state to choose, we recommend discussing with an attorney in your state by purchasing a 20 minute Attorney Q&A session for only $49.
Want to do some investigating on your own first?
Good idea! Check out our state pages to read about prenups, spousal support and divorce in any state we serve.
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