Rubinstein & Holz | Family Law Attorneys

4 things you may have forgotten to add to your prenup

Drafting your prenup feels simple. You want to do it, and so does your spouse. There's no conflict. No argument. You're both practical people and you understand just how much it can help.

That's a great start, but make sure that you do not get so caught up in feeling like it's simple and easy that you rush through it. You could wind up forgetting clauses and important points that you will regret later. You want that prenup to protect you. Make sure it includes everything you really needs for that protection.

For instance, a few things that people sometimes forget are:

  • Gifts between spouses: Does that necklace from Valentine's Day stay with the person who received it or go back to the one who paid for it?
  • Debt: If your spouse took out student loans, do you have to help pay them back or is that debt your spouse's alone?
  • The ring: An engagement ring can cost thousands of dollars. It's given with the idea that marriage will follow. If the marriage ends, does it go back to the person who paid for it? Or was it a gift that the person who accepted it gets to keep regardless?
  • Retirement accounts: Your ex may have a right to part of your pension, even though you earned it by going to work. Do you want to define your pension as separate property so that you keep it in its entirety?

The key is to be very careful, considering everything from the family home to an inheritance to future debts. Make sure you know what to include and how to file your prenup properly.

Source: PopSugar, "The Most Important Things to Put in Your Prenup (Including Items You Probably Didn't Think About)," Nicole Yi, accessed April 11, 2018

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
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Fort Myers, Florida 33901

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