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When to Consider a Prenup

A Legal Team You Can Trust

The last thing you want to think about when you've fallen in love is the possibility that it will end in divorce. The truth is that prenuptial agreements make a lot of sense, especially if you have children from a previous relationship or you're wealthy.

With a prenup, you can open up about important discussions and be honest about your financial picture. Here are the scenarios where you should consider a prenup.

  • You own a business, particularly a new company that might greatly increase in value down the road.
  • You own a home in a particularly high appreciating real estate market.
  • You or your spouse are expecting a gap in income due to going back to school, or staying home to raise children. A prenup can ensure that the partner who paid for the other's education is addressed in the event of a divorce.
  • You want to keep certain assets separate, such as a vacation home or a rental property.
  • You have other beneficiaries, such as children from a previous relationship or aging parents who you want to ensure are cared for.
  • You expect a large inheritance. While inheritances are considered separate property, if community property income is comingled with the inherited asses; for example, an investment account, it can get complicated.
  • You and your fiancé have a big difference in assets or debt. Usually, what assets are brought into a marriage remain separate, but things get murky when spouses use community property income to pay off something such as pre-marriage student loan debt.
  • You're worried about your partner's spending habits. If your partner charges up a lot of debt and you get divorced, you can find yourself saddled with half of their debt. Unpaid taxes and liens are a major cause for concern.
  • You want to address spousal support upfront, this way conflict can be reduced in the event of a divorce.

To discuss drafting a prenup, contact us to schedule a free initial consultation with a Los Angeles family law attorney!


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