You should get a pre-nuptial agreement

And, what is insurance really?

Insurance can, with sufficient abstraction, be thought of as a sort of loan. In an ordinary bank loan, you get a quantity of money, and pay it back later with interest (sometimes coming out ahead because of death or bankruptcy); with insurance, you simply reverse the order. One comes to an agreement to get a sum of money at some point, if certain events occur, and begins paying for it immediately. If some catastrophe occurred and you were in need of money fast, you would either call upon insurance, or call upon money-lenders. Calling upon moneylenders is the default state of the world, insurance is its modification. 

There are several advantages to insurance, hence its almost universal purchase in some domains. Because the negotiation occurs before the catastrophe occurs, it can be conducted over a longer period of time, and thus using the most efficient negotiations. Because the need is only prospective, there is far less market power — the buyer has time to search fully and obtain the best deal. To not purchase insurance is not truly not buying anything at all — it’s locking you into having to get a loan after the fact.

Many people entering into marriage sign a contract, a pre-nuptial agreement, specifying what is to happen in the event of catastrophe. Other people do not. Instead, they sign a contract saying they will accept whatever the state decided nuptial contract is. This is seen as more pure, but it is a mistake. You do not get to never sign a pre-nuptial agreement, only choose between which one you will get.

And what an expensive one it will be, if you choose the state. Your outcome will be more uncertain, even if you grant that your expected value is the same. Rather than be resolved cleanly by a contract decided when you both like each, it now must be fought in court between distrustful, adversarial parties. If you would purchase insurance, why wouldn’t you sign a pre-nuptial agreement?

Many people think that it indicates a lack of faith in the other partner. But why should it indicate that anymore than not wanting to sign one indicates wanting to take advantage of your partner? So people, make our lives and yours simpler. Negotiate ahead of time.