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Modern Prenups Address Crypto and Embryos

Wall Street Journal Markets •
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Prenuptial agreements are getting a 21st-century overhaul. The Wall Street Journal asked family lawyers to draft a modern prenup that addresses cryptocurrency holdings and frozen embryos — two increasingly common assets that traditional agreements weren't designed to handle. More Americans now prefer to settle these questions before walking down the aisle.

Cryptocurrency presents unique challenges for divorce proceedings. Digital assets can be stored anonymously, transferred instantly across borders, and fluctuate wildly in value — making them difficult to trace and value during asset division. Meanwhile, frozen embryos raise equally complex questions about ownership, custody, and what happens to them if a marriage ends.

The trend reflects broader shifts in how couples approach marriage. As Americans accumulate non-traditional assets earlier in life, the legal industry is responding with more sophisticated agreement templates. Family lawyers report rising demand for clauses that explicitly address digital wallets, fertility preservation, and other modern complexities.