This takes about 20 minutes. Answer each question in plain language. We'll assemble a complete draft you can print and take to your JAG lawyer.
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Is your partner a US citizen?
Where does your partner currently live?
Here's what you need to know before you start.
Everything you enter stays on your device. We don't store any of your information on our servers.
Names, dates of birth, branch of service, and your wedding date if you have one.
What's your full legal name?
Use your name exactly as it appears on your military ID.
What's your date of birth?
You must be 18 or older to use this tool.
You must be 18 or older to use this tool.
What's your home of record state?
The state you claim for tax and legal purposes, not necessarily where you're stationed.
What branch of service are you in?
What's your rank?
What's your partner's full legal name?
Use the name that will appear on your marriage license.
What's your partner's date of birth?
Your partner must also be 18 or older.
Your partner must be 18 or older to sign a prenuptial agreement.
Do you have a wedding date in mind?
It's fine if you don't have one yet.
Basic info saved.
Check it over before moving on.
We'll go through each asset type one at a time. Your assets first, then your partner's. Skip anything that doesn't apply.
Your bank accounts
Checking, savings, or money market accounts in your name.
Your bank accounts
Approximate values are fine.
Your real estate
Home, land, rental property, or other real estate in your name.
Your real estate
Approximate values are fine.
Your vehicles
Cars, trucks, motorcycles, boats, or other vehicles in your name.
Your vehicles
Approximate values are fine.
Your investments
Stocks, bonds, mutual funds, or brokerage accounts in your name.
Your investments
Approximate values are fine.
Your retirement accounts
TSP, IRA, 401k, or any other retirement savings in your name.
Your retirement accounts
Approximate values are fine.
Your business interests
Full or partial ownership in any business, LLC, or partnership.
Your business interests
Approximate values are fine.
Your other assets
Jewelry, collections, equipment, or anything else worth noting.
Your other assets
Approximate values are fine.
Partner's bank accounts
Checking, savings, or money market accounts in your partner's name.
Partner's bank accounts
Approximate values are fine.
Partner's real estate
Home, land, rental property, or other real estate in your partner's name.
Partner's real estate
Approximate values are fine.
Partner's vehicles
Cars, trucks, motorcycles, or other vehicles in your partner's name.
Partner's vehicles
Approximate values are fine.
Partner's retirement or savings
Any retirement or savings accounts in your partner's name.
Partner's retirement or savings
Approximate values are fine.
Partner's other assets
Jewelry, property, equipment, or anything else worth noting.
Partner's other assets
Approximate values are fine.
Same process. Your partner can fill this in or you can do your best with what you know.
Assets saved.
Listing debts protects both of you. It makes clear which debts belong to whom before the marriage starts.
Any debt not listed here could become your partner's responsibility too. Be thorough.
Your student loans
Student loans in your name.
Your student loans
Your car loans
Auto loans in your name.
Your car loans
Your credit card debt
Credit card balances in your name.
Your credit card debt
Your personal loans
Personal loans in your name.
Your personal loans
Your medical debt
Medical debt in your name.
Your medical debt
Your back taxes
Federal or state taxes owed.
Your back taxes
Your child support
Child support obligations.
Your child support
Child support can affect military pay directly. Make sure your JAG lawyer knows about this.
Your other debts
Any other debts not listed above.
Your other debts
Partner's student loans
Student loans in your partner's name.
Partner's student loans
Partner's car loans
Auto loans in your partner's name.
Partner's car loans
Partner's credit card debt
Credit card balances in your partner's name.
Partner's credit card debt
Partner's child support
Child support obligations in your partner's name.
Partner's child support
Child support can affect military pay directly. Make sure your JAG lawyer knows about this.
Partner's other debts
Any other debts in your partner's name.
Partner's other debts
Any debt your partner doesn't list here could become your responsibility too after marriage.
Debts saved.
These are your preferences, not facts. No wrong answers. Your JAG lawyer can help you refine them.
How do you want to handle income earned during the marriage?
This covers your military base pay and any wages your partner earns from work.
How should military allowances be treated?
Military allowances are non-taxable payments on top of base pay. They include BAH (Basic Allowance for Housing), OHA (Overseas Housing Allowance for members stationed abroad), BAS (Basic Allowance for Subsistence), and COLA (Cost of Living Allowance for high-cost duty stations).
If you buy real estate during the marriage, how should it be owned?
Real estate includes any home, land, rental property, or other property purchased after the wedding.
How should debt taken on during the marriage be handled?
This covers any new loans, credit cards, or other debts either of you takes on after the wedding.
If either of you receives an inheritance during the marriage, how should it be treated?
An inheritance is money or property received from a family member or other person who passes away.
If either of you receives a gift during the marriage, how should it be treated?
This includes gifts from family, friends, or others given specifically to one person.
How will you handle bank accounts during the marriage?
Preferences saved.
Check each statement carefully. These will appear word for word in your prenup draft.
This section covers military specific topics that no civilian prenup template addresses. Your JAG lawyer will be very familiar with all of these.
Military retirement pay
Military retirement pay requires at least 20 years of service. The USFSPA allows a court to divide that pay as marital property if the marriage ends. If you don't plan to serve 20 years, select Not applicable.
This is one of the most significant financial provisions in a military prenup. Discuss it carefully with your JAG lawyer if it applies to you.
Survivor Benefit Plan (SBP)
The SBP pays a monthly benefit to a surviving spouse after a military retiree dies. It only applies to service members who retire after 20 or more years. If you don't plan to serve 20 years, select Not applicable.
Thrift Savings Plan (TSP)
The TSP is the military retirement savings account, similar to a 401k for civilians. Even service members who serve only a few years may have TSP contributions.
Security clearance and career protection
A security clearance can be suspended or revoked because of financial problems tied to a spouse. Losing a clearance can mean losing the ability to perform military duties and can end a military career. If that happens because of a spouse's financial actions, it should factor into any divorce settlement.
Deployment financial management
During deployment the service member may have limited ability to manage finances. It helps to agree in advance on who handles bills and accounts while the service member is away.
PCS moves and career sacrifice
A PCS (Permanent Change of Station) move happens when the military orders the service member to a new duty station. The spouse often has to leave their job, school, or career behind.
SCRA acknowledgment
The Servicemembers Civil Relief Act (SCRA) provides legal and financial protections to active duty military members, including caps on interest rates, protections against eviction, and the ability to terminate certain contracts during active duty.
Military provisions saved.
Check each statement carefully.
Nobody gets married expecting divorce. But agreeing on these things now, while you're on good terms, protects both of you.
Spousal support
Spousal support, sometimes called alimony, is a regular payment from one spouse to the other after divorce.
Division of marital property
Marital property is anything acquired by either spouse during the marriage.
Pre-marital property
This covers everything each of you listed in sections 2 and 3.
Does the length of the marriage matter?
Some couples feel a longer marriage should result in a more equal split. Others feel the same rules should apply regardless.
Should the reason the marriage ended affect the settlement?
Montana is a no-fault divorce state. However if you later divorce in another state after a PCS move, fault may matter.
Montana courts won't enforce fault-based provisions. This only applies if you divorce in a state that recognizes fault. Discuss with your JAG lawyer.
Attorney fees in a divorce
If the marriage ends and attorneys get involved, who pays? Active duty members can use JAG for free.
Dispute resolution
If the marriage ends and there are disputes about this prenup, do you agree to try mediation before going to court?
Divorce provisions saved.
This is the final section.
No prenup in any state can predetermine child custody or child support. A court will always decide those based on the child's best interests.
Does either of you have children from a prior relationship?
This includes biological children, adopted children, or any child either of you is legally responsible for from before this marriage.
How should existing children's inheritance rights be protected?
Custody and support for future children.
Child custody and support are always decided by a court at the time of divorce based on what is best for the child. This prenup cannot and does not address those matters.
Inheritance rights for children born during the marriage.
Estate planning after the wedding.
Getting married changes who is legally entitled to your assets if you pass away. Both spouses should update wills, life insurance beneficiaries, TSP beneficiary designations, and other estate documents after the wedding.
All sections complete.
Check the summary below before generating your draft.
Your next step is to have your JAG lawyer review this draft before anyone signs anything. JAG review is free for active duty members.