There are a few factors that may make choosing your state a little… er, complicated:

  • Do you and your fiance live in different states?

  • Do you plan to move to another state soon?

  • Own two houses in different states?

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 may want to consider the default divorce laws in each of those states to see which you are more comfortable contracting under. In that case, 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 easier- Florida seems like 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.

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.

All content provided in this article is for informational purposes only. HelloPrenup, Inc. (“HelloPrenup”) makes no representations as to the accuracy or completeness of any information on this site. HelloPrenup will not be liable for any errors or omissions in this information nor for the availability of this information. These terms and conditions of use are subject to change at any time and without notice. HelloPrenup provides a platform for contract related self-help. The information provided by HelloPrenup along with the content on our website related to legal matters (“Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither HelloPrenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.

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