Why you might consider a prenuptial agreement

When planning a wedding, so many two-word phrases can cause a lot of tension: guest lists, seating charts, and prenuptial agreements. “Prenups” have garnered a lot of media attention in recent years, fueled by celebrity marriages and divorces. No matter your financial worth, though, you may have reason to consider a prenup.

A growing trend

As Americans are waiting longer to get married, prenuptial agreements are becoming more common. By waiting, spouses typically have solidified careers and may own property prior to getting married—meaning starting off with more assets to protect.

A few considerations

Money is often one of the most significant sources of stress for couples, so it’s best to start planning your future together with an open and honest conversation about your finances. If you have a higher net worth than your partner, the reasons for a prenup may be clear. Even if you’re the less wealthy partner, a prenup could still be in your interest. It can help you:

• Build a foundation for your marriage. Marriage is more than a social contract—it’s also an economic one. Good or bad, discussing your financial situation can lead to a better understanding of your financial standing as a couple.
• Improve your financial security. Often, prenups cover financial issues such as real estate, bank accounts, and potential spousal support, but they can address sentimental belongings and even custody of pets. Prenups offer a way to discuss what’s important to each of you, as well as your preferences and limits.
• Override state law. Marriage property laws vary from state to state. Most are equitable distribution states, meaning that a court decides what each partner contributed financially to the marriage and divides assets accordingly. If one of you plans to stay at home and raise your children, it could be difficult to put a dollar amount on your contributions. A prenup allows you and your future spouse to establish how assets will be split in the event of a divorce, instead of a court. 

A few tips

If you decide that a prenup is right for you and your partner, experts suggest that you:

• Research the marriage and property laws of your state
• Prepare your agreement as early as six months to one year before your wedding
• Each have your own lawyer to represent your interests

Regardless of whether you decide a prenup is right for your situation, talking about one can help you understand, financially, what each of you brings to the altar.

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