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so how to Handle in Prenup? happened...

Started by diana_v_31 · Feb 6, 2026 · 10 replies
For informational purposes only. This is not legal advice.
PS
diana_v_31OP

Looking for advice on this situation. Fiancé Has $2M in Unvested Startup Equity - How to Handle in Prenup? Any guidance would be greatly appreciated....

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

AN
404_justice_not_foundAttorney

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

ST
hearsay_harry_13

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

ES
ashley_m_4

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

HA
jenny_2024_6Attorney

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.

ES
ashley_m_4

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read smh.

CM
billable_hours_2

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.

AN
404_justice_not_foundAttorney

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read no cap.

ST
hearsay_harry_13

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

ES
ashley_m_4

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

PS
diana_v_31OP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

AQ
anon_question_2025_5

Getting married in 4 months. I have 30% equity in my startup (Series A stage, ~$8M valuation on paper). About half is vested. My fiancée is supportive of a prenup but we disagree on how to treat the equity.

She thinks any equity that vests during the marriage should be community property. I think all the equity should be separate property since I founded the company before we met. What's fair/standard?

WI
why_is_rent_so_high_4

Both positions have legal support depending on jurisdiction. In community property states (California, etc.), the default rule without a prenup is:

  • Equity vested before marriage = separate property
  • Equity vesting during marriage = community property (because your labor during marriage caused the vesting)
  • Appreciation of pre-marital equity due to your labor during marriage = community property to the extent attributable to community effort

Common prenup approaches for startup founders:

  1. All equity stays separate: Simple but your fiancée gives up potentially significant value if the startup succeeds during the marriage.
  2. Pre-marital equity = separate; marriage-period vesting = community: This is closest to default law and often feels fairest.
  3. Sliding scale: Your fiancée gets an increasing percentage of marriage-period equity based on length of marriage (e.g., 10% after year 1, up to 50% after year 10).

Whatever you agree to, BOTH parties need independent counsel for the prenup to be enforceable. Budget $5K-$10K total for both attorneys. Worth every penny to protect an $8M+ interest.