IANAL, but it depends on the situation. A prenup is a way to protect your spouse's and your respective assets by having a wall in between them. You design the w

IANAL, but it depends on the situation. A prenup is a way to protect your spouse's and your respective assets by having a wall in between them. You design the wall. So, let's say, if you do something risky and creditors can come after you, at least your spouse's assets are protected. Often though, creditors will seek collaterals with your spouse as well, but at least it has to be explicit and on a case-by-case basis. However, the US being a common law country, it's up to the judge to determine how enforceable they are. Apparently, judges are much less likely to enforce them in former spanish/mexican catholic states in the South-West than they are elsewhere in the country. So a prenup in California might be less useful than in New-York. Lastly, a prenup does not say anything about how much you love your spouse. If you love him/her, you should plan for his/her safety if you engage in activities risking your own assets. Going down together for the sake of it is not a wise display of marital love. Again, talk to your lawyer.