10 Reasons You Might Want A Prenuptial Agreement 7

How To Make Sure You’re Protected In A Divorce

  1. You make a lot of money. People with a high net worth should consider a prenup simply because it will protect their assets and financial status in the event that the marriage doesn’t last. A prenup can stipulate how property such as stocks, bank accounts and even interests in business ventures will be distributed. Plus, you can also address the issue of spousal support, with some stipulations. Learn more by reading “Criteria For Valid Prenups” .
  2. Your future spouse makes a lot of money. Because states have different laws for determining what is marital property and what is considered to be separate among the parties, there’s no way to guarantee that you’ll receive adequate compensation in the event that the marriage fails. Most courts do consider alimony for the lesser-earning spouse when the other makes considerably more, however, this is not guaranteed. A prenup could help you establish an adequate support plan to help you live on your own after a divorce.
  3. You own a business. While you may have started the business prior to your marriage, any income received after the wedding would likely be considered community property and its also reasonable to assume that your spouse may contribute to the business and its success over the years. A prenup would help ensure that you keep controlling interest in your business in the event that the marriage doesn’t last.
  4. You have children from a former marriage. These days, blended families are quite common and it’s not unusual for one or both spouses to enter a second or third marriage with a substantial amount of “inheritables” as well as heirs to inherit them. If this sounds like you, a prenup could stipulate who gets what when you die, meaning those precious family heirlooms and financial assets would go to your kids in the event of death or divorce.
  5. You plan to put your future spouse through college (or vice versa). It’s not uncommon for couples to agree to put each other through college or a trade school during the early years of their marriage. But what happens when you’ve held up your end of the bargain and then the marriage fails before you get your chance to finish school? A prenup can help ensure that your ex follows through and either pays for your schooling or reimburses you for your contribution to their education.
  6. You have a professional license or degree. In many states, this type of professional designation is considered to be an income-producing asset. That means your ex could receive a percentage of the future income this designation produces. A prenup gives you the opportunity to exclude your licenses and degrees (as well as their monetary value) from the property distribution process.
  7. You have separate property that will be commingled with community property. One of the first things many couples do after marrying is purchase their first home. While the house itself will be considered marital property, the initial down payment for the house often comes from one of the spouses, out of an inheritance or “separate” savings account, for example. By committing this separate property to a community purchase, you are effectively “commingling” your funds and should you divorce later, your separate interest may not be protected. A prenup allows you to stipulate this separate property so that you are reimbursed during the property distribution process during a divorce proceeding.
  8. Your future spouse has a substantial amount of debt. If your future spouse brings a load of debt to the marriage, a prenup could possibly protect you from assuming some of that debt down the road. Typically, you’re not legally responsible for debt assumed by your spouse prior to the marriage however, if the marriage lasts for a great length of time, it may be difficult to prove that the debt was separate and not shared. You can list these debts in a prenup and even include balances so that your obligations would be limited.
  9. You have a substantial retirement fund, profit-sharing plan or IRA. Retirement plansand the like are sometimes considered to be a future income in the property division process. That means that your hefty 401(k) could become part of the marital assets during a divorce. To keep these types of investments separate, you need to document your interests in a prenup.
  10. It doesn’t cost as much as you think. While attorneys can charge some pretty high hourly rates to draft your prenup, there are plenty of do-it-yourself forms that allow you to craft your own document. Just be sure you’ve considered all of your financial concerns when creating your prenup and if you aren’t sure about something, get the answers before you sign.

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Discussion

  • rachael

    if their was a prenupt and it was “his property” no kids prior- now 5y or so later, we have 2 kids- is it still HIS PROPERTY or do I have any ties to it. The Property was specified in the prenupt to be his.

  • Barbara

    My father married six years ago, they have a prenup that states everything stays seperate, he also has a will that states me and my sibling gets all of his assets, my father is now terminally ill, My father told me during a lucid day that he combined his retirement account with my stepmother and that he made a bad mistake, we live in louisiana. because he combined this does she get it even if the prenup states that they remain seperate. or does she get half of what they combined. also if my father had dementia at the time but not diagnosed yet can we reverse it.

  • Lori

    Will a prenup protect my assets from a lawsuit against my future spouse? He is being sued in an auto accident and I want to protect my assets if we get married prior to the settlement.

  • Jay

    If a prenup in a second marriage is created to give an IRA to his children and not the 2nd wife, but in return creates taxs that have to be paid. Where do the taxed come from? Under the will it states that the spouses shall receive the maximum material distribution under the federal tax law undiminished by any death tax. I she has no right to enjoy the benifits of the IRA are taxes taken out prior to creating the material trust? What would be left over would then fund the material trust.

  • Barbara

    Do not trust prenup agreements, Louisiana does not protect the interest of a sick spouse, the other spouse can rob them blind and get away with it. When it says That a prenup has to be amended through the courts, it really only means if you want to. the person who wants to steal all your assets knows all they have to do is take you to the bank and add their name to all your assets and it becomes conjoined property, the bank does not care that you have dementia. Plus a living will means nothing also. Shame on our legal system.

  • There is a reaon the rich insist on having this agreement. The main reason to give to your proencial partner is that the lawyer said i need one and then have a grow up conversation.

  • Gan

    Prenups can be reversed. My Father had a business. My Stepmonster ran it to the ground. My Father got very sick and was not able to walk. My stepmonster was able to convinced my Father to reverse his prenups, reverse the will, reverse the power of attorney and also give her a right to make all medical decisions, the same year the business went into bankrupcy. She did not take care of him and refuse to allow anyone to come in to take care of him. She would not let the family come to see him part of the time. Social Services was involved, but somehow he would be cleaned up before they got there. Even the VA Hospital said suspected abuse. Still, social services would wipe their hands clean. We did not find out about the legal documents until it was too late. We could tell by the legal documents that My Father probably did not know what he signed, because the signature was so poor and sometimes I have wondered if he actually signed it. However, when we contacted a lawyer, the lawyer said due to his age, our stepmonster would probably use that to her advantage and we would probably lose the court case no matter how much evidence we had. To this date, she has everything my Mother had who is deceased and my Father worked so hard for, she had a separate bank account, she managed to get 2 insurance policies in her name. There are 5 girls and 1 boy in our family. We were left with zilch. I worked for my Father pretty much all my life. I saw what she was doing, but I could not convince the proper authorities what was going on. Finally, after I left the business, taxes were not paid, you get the picture. An investigation was done, and she even tried to put me in the picture. That is how evil this woman was. Is there any thing we could have done about it. No, not without spending thousands of dollars and not having a guarantee that we could win. She was able to weasle herself out of every wrong doing she has ever done. I’m surprise the state of nc, the federal government could not see this, she certainly left a paper trail, all they had to do was follow it. My Father must have protected her is all I know. There was a 20 age difference in age. My Father was 89 when he died. So, all I got to say is when you smell something rotten, don’t push it to the side, check it out. Otherwise, you might find yourself in a case like all of us. My Father was a good Man. He was lonely when he met this woman, and he fell for her ploys. He was vunerable. He was married to my Mother 44 years before my Mother died. So- Again, take heed. Please don’t let this happen to you.