Prenuptial agreements are supposed to be based on fair and full disclosure of assets, but states vary in how they view this legal tenet, says Gold-Bikin.
The prenup "has to be considered fair at the time it's enforced," she says.
For example, a spouse may agree she won't take anything from a business that's worth $100 at the time she and her future husband sign the prenup. By the time the couple divorces, the husband has transformed the business into the next Google or sold it for a big profit.
Whether it was a "fair agreement" for the wife to not share in the business depends on the state, Gold-Bikin says.