Former Bachelorette star and licensed attorney Rachel Lindsay disclosed this week that not getting a prenuptial agreement before marrying Bryan Abasolo was "the most expensive decision" of her life, ultimately costing her $500,000 in their 2023 divorce settlement. Lindsay, who earned significantly more during the marriage through her media career, revealed that Abasolo "was disgusted" when she initially raised the topic of a prenup — a reaction that led her to abandon the conversation entirely. For California residents earning asymmetric incomes, Lindsay's experience illustrates exactly why Cal. Fam. Code § 1610-1617 exists.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Rachel Lindsay paid ex-husband Bryan Abasolo $500,000 in their divorce settlement after not having a prenuptial agreement |
| When | Divorce filed August 2023; settlement details revealed March 2026 |
| Where | Los Angeles, California |
| Who is affected | Any California resident entering marriage with unequal earning power |
| Key statute | Cal. Fam. Code § 1610-1617 (Uniform Premarital Agreement Act) |
| Practical impact | Without a prenup, California's community property rules split all marital earnings 50/50 regardless of who earned them |
A Licensed Attorney Skipped Her Own Prenup
Rachel Lindsay is not a layperson unfamiliar with the legal system. She holds a law degree from Marquette University and practiced at a Dallas litigation firm before joining The Bachelorette in 2017. She knew what a prenuptial agreement was, understood its purpose, and still chose to forgo one after her then-fiancé reacted negatively to the conversation.
As Lindsay explained on the Higher Learning podcast and later on the Viall Files this week, Abasolo "was disgusted" by the suggestion of a prenup. Rather than push the issue, Lindsay dropped it. The couple married in August 2019 and relocated to Los Angeles, where Lindsay's career in media, podcasting, and television took off while Abasolo worked as a chiropractor.
When Abasolo filed for divorce in August 2023, he also filed for spousal support. Lindsay ultimately paid a reported $500,000 to resolve the case. She has described the experience as proof that emotional pressure during engagement can override even a trained attorney's better judgment.
How California Community Property Law Created This Outcome
California is one of only nine community property states in the United States. Under Cal. Fam. Code § 760, all property acquired during marriage is presumed community property and subject to equal division upon divorce. That includes wages, bonuses, media contracts, podcast revenue, and intellectual property created during the marriage.
Lindsay earned the majority of the couple's income through her ABC deals, ESPN hosting, podcast contracts, and brand partnerships — all executed during the marriage and all classified as community property under California law. Without a prenuptial agreement, Abasolo had a legal claim to 50% of those earnings.
The spousal support request compounded the financial exposure. Under Cal. Fam. Code § 4320, California courts consider 14 factors when determining spousal support, including the marital standard of living, the length of marriage (approximately 4 years in this case), and each spouse's earning capacity. A chiropractor earning less than a television host and media personality would have a strong argument for transitional support under that standard.
A prenuptial agreement under Cal. Fam. Code § 1612 could have defined separate property, waived or limited spousal support, and protected Lindsay's pre-marriage and post-marriage earnings from community property division. The $500,000 settlement reflects the cost of not having that protection in place.
The Emotional Pressure Problem in Prenup Conversations
Lindsay's situation highlights the single biggest reason people skip prenuptial agreements: emotional resistance from a partner. A 2022 Harris Poll found that 15% of married Americans have a prenup, up from just 3% a decade earlier, but the majority still do not. Among couples under 35, the number rises to roughly 25%, reflecting a generational shift in attitudes.
California law actually includes protections against signing a prenup under duress. Under Cal. Fam. Code § 1615, a premarital agreement is not enforceable if the party against whom enforcement is sought proves they did not execute it voluntarily, or if they were not given at least 7 calendar days between first receiving the agreement and signing it. The law was designed to prevent last-minute pressure to sign.
The irony in Lindsay's case is that the emotional pressure worked in the opposite direction. Instead of being pressured to sign an unfair agreement, she was pressured not to sign any agreement at all. California law has no mechanism to protect someone from that kind of social coercion. The only protection is having the conversation early, directly, and with separate legal counsel.
Practical Takeaways for California Residents
-
Start the prenup conversation at least 3-6 months before the wedding. California requires a minimum 7-day waiting period under Cal. Fam. Code § 1615(c) between presenting a prenup and signing it, but the real timeline is much longer when you factor in drafting, negotiation, and each party consulting independent counsel.
-
Both parties must have independent legal counsel or expressly waive it in writing. Under Cal. Fam. Code § 1615(c)(1), if a party does not have independent counsel, the agreement is presumed involuntary unless they received full written disclosure and expressly waived representation.
-
A prenup cannot eliminate all spousal support obligations in California. Courts may refuse to enforce a spousal support waiver if doing so would cause one party to rely on public assistance at the time of separation. However, a prenup can set reasonable caps, durations, and conditions that dramatically reduce exposure.
-
Full financial disclosure is mandatory. Under Cal. Fam. Code § 1615(a)(2), a prenup is unenforceable if one party did not receive fair and reasonable disclosure of the other party's finances. Both parties must share income, assets, and debts before signing.
-
Treat a partner's refusal to discuss a prenup as information, not an endpoint. Lindsay herself has said she wishes she had pushed harder. A partner who refuses to have the conversation is not necessarily acting in bad faith, but the financial consequences of skipping the agreement are real and quantifiable — $500,000 in Lindsay's case.
Frequently Asked Questions
How much does a prenuptial agreement cost in California?
A prenuptial agreement in California typically costs between $2,500 and $10,000 per party, depending on complexity and attorney fees. Both parties should retain separate counsel. Compared to Lindsay's $500,000 settlement, a $5,000-$20,000 total investment in a prenup represents roughly 1-4% of what she ultimately paid without one.
Can a prenup waive spousal support in California?
California allows prenuptial agreements to limit or modify spousal support under Cal. Fam. Code § 1612(c), but courts retain discretion to override a spousal support waiver if enforcement would be unconscionable at the time of separation. A well-drafted prenup typically caps support at a specific dollar amount or duration rather than eliminating it entirely.
How long does a couple need to be married before spousal support applies in California?
California has no minimum marriage length for spousal support eligibility. Even in short marriages under 10 years, courts may award temporary or rehabilitative support under Cal. Fam. Code § 4320. Lindsay and Abasolo were married approximately 4 years, and Abasolo still successfully sought support. The general guideline is that support lasts roughly half the length of marriages under 10 years.
Is a prenup valid if one person was emotionally pressured not to sign?
California law under Cal. Fam. Code § 1615 addresses duress and involuntariness in signing a prenup, but it does not address emotional pressure to avoid getting one altogether. If no agreement exists, California's default community property rules under Cal. Fam. Code § 760 apply automatically. The legal system cannot retroactively protect someone who chose not to execute an agreement.
What happens to income earned during marriage without a prenup in California?
All income earned by either spouse during a California marriage is community property under Cal. Fam. Code § 760 and is subject to equal 50/50 division upon divorce. This includes salaries, bonuses, business income, royalties, and media contracts. Lindsay's television, podcast, and brand partnership earnings during her 4-year marriage were all subject to this default rule.
If you are entering a marriage with significant income or assets, connect with an exclusive divorce.law attorney in your county to discuss whether a prenuptial agreement is right for your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.