Same-sex couples living in states where their union lacks legal recognition can draw up a co-habitation agreement that resembles a prenup. Similar rules apply: Each partner should have his or her own attorney, disclose assets and not sign the pact under duress, Nachshin says.
With same-sex marriage legal in six states and the District of Columbia, this developing area of the law is made complicated by the fact that a vast majority of states don't allow such unions or recognize their legality.
"As more and more same-sex couples get married, they will experience the same thing as heterosexual couples -- they're going to get divorced," Gold-Bikin says. "The next time they get married, they will have prenuptial agreements."