Legally Blind? Reese Skips the Prenup

"When women make significantly more than their husbands, that does jack the divorce rate up," said David Popenoe, co-director of the National Marriage Project at Rutgers University. "That effect is diminishing over time, but it's still there. There are many reasons for it. For one thing, the guys get a little uncertain. It doesn't make them feel so good. For all time, men have been breadwinners."

Though the overall number of women seeking prenups is increasing, they're still more loath than their male counterparts to sign such agreements.

"Women are more romantic than men," Felder said. "You see some wealthy women who have no designs on a man's money. They don't see marriage in those terms."

And men who earn less than their spouses are more likely to see the prenup as a blow to their ego and less likely to sign such an agreement.

Even when women are the ones seeking prenups, they seem more willing to negotiate the terms.

"When I represent a wealthier woman, she's ready to make a deal while the poorer man acts like he's got leverage and he'll hold out not to get the prenup," Dubin said.

"Women are socialized to be peacemakers, and boys are raised to fight it out."

As for Witherspoon, she's reportedly ready to reach an amicable deal for the sake of the couple's two children.

Last March, when rumors first surfaced about their marital troubles, she said that the two had attended marriage counseling and emphasized their concern for their son and daughter.

"We see our marriage not as a free ride but as a partnership you work on," Witherspoon said. "You need to discuss things and be open about how to make each other feel good and happy."

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