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Is a Prenuptial Agreement Right for Me?

Is a Prenuptial Agreement Right for Me?

When you have a large number of assets, it makes sense to want to protect them in the event of a divorce. With almost half of all marriages ending in divorce, getting a prenuptial agreement is a smart choice to make.

Prenuptial agreements, or prenups, are commonly thought of as only being utilized by the wealthy or famous. Recent trends have shown that more couples are choosing to get a prenup, even if they have fewer assets.

It might be worthwhile to discuss getting a prenup with your spouse, regardless of your financial situation. Although bringing up the idea can be difficult, it’s crucial to understand how a prenuptial agreement can protect you and your spouse. If you are thinking about getting a prenup, you should first know what they cover and how they can benefit you.

What Does a Prenup Cover?

A prenuptial agreement is a binding legal contract between an engaged couple prior to their marriage. Newly engaged couples should consider getting a prenup even if they have limited funds or assets. A prenup will establish what happens to current assets as well as provide a plan for future assets acquired during marriage. Prenuptial agreements can cover:

  • Determine what will happen to a spouse’s estate in the event of a divorce or death

  • The right to: buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property

  • Spousal support changes or elimination of support

  • The making of a will, trust, or other arrangements to carry out the agreement terms

  • The ownership rights and distribution of benefits from a life insurance policy

  • Define what assets or debts constitute separate or joint property for each spouse

  • Assign property to each spouse

  • Any other matter the couple wants to include as long as it doesn’t involve a crime or adversely affect a child’s right for child support

Who Should Get a Prenup?

Prenups can be used by almost any couple that has something valuable they would want to protect in the event of a divorce. A prenup can be beneficial if any of the following describes you or your partner:

  • You own real estate

  • You own more than $50,000 worth of assets other than real estate

  • You own or partially own a business

  • You earn a salary of $100,000 or more per year

  • You’ve made more than one year’s worth of retirement benefits

  • You have other valuable employment benefits like profit sharing or stock options

  • You or your partner plan to pursue an advanced degree while the other works

  • All or part of your estate will go to someone other than your spouse when you die

  • You are ending a successful career to get married

  • You are concerned about you or your partner’s debt

  • In the future, you will have substantial assets

  • You have something of value that you want to protect

Not only do prenups help couples plan what to do in the event of a divorce or death, but they can also reduce the risk of divorce. Two of the most common causes of divorce are when a couple cannot effectively communicate and not being able to resolve differences over finances. Therefore, a prenup allows couples the opportunity to have an open and honest conversation about their future without the stress and animosity that comes with getting a divorce.

Rech Law Can Advise You

If you are already married but want the security a prenup provides, you might want to consider getting a postnuptial agreement. A postnup is similar to a prenup except that it is drafted after you are already married.

If you need to protect your current or future assets, and you do not have a prenup, you should consider getting one. At Rech Law, we can help you prepare and protect your future finances if your marriage does end.

Contact us today at (704) 659-0007 if you are considering getting a prenuptial agreement.

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