3 situations in which a prenuptial agreement makes sense

On Behalf of | Aug 12, 2020 | Prenuptial Agreements |

Due to the stigma that continues to surround prenuptial agreements, you may be hesitant to bring up the subject with your future spouse for fear of evoking a negative emotional response. Nevertheless, a prenuptial agreement is less a vote of no-confidence and more of an insurance policy against adverse circumstances that can arise, which your marriage may not be able to withstand.

A prenuptial agreement affords protection to both you and your spouse in the event that you divorce. It allows you to make your own decisions regarding property division and spousal support on the basis of what works in your situation, not what state law dictates. Here are a few situations in which a prenuptial agreement may be particularly beneficial.

1. Debt

It is not only property that couples divide between them in a divorce but debt obligations as well. If your partner has a lot of debt coming into a marriage, a prenup can protect you from having to help pay bills that you had nothing to do with incurring if you eventually divorce.

2. Business ownership

If you own a business prior to getting married, a prenuptial agreement can protect it so that it continues after a divorce. Otherwise, you might have to divide the business after a divorce, which many companies do not survive.

3. Child care

You cannot make child custody decisions in a prenup because it has to take the children’s interest into consideration. However, if your spouse intends to stop working to care for the children, a prenup can arrange for spousal support to either continue that arrangement or facilitate job training for your spouse to rejoin the workforce.