Southern California Family Law Attorney Blog

When a couple in San Bernardino decides to get married, there are several things they should agree upon. How they want to raise their children, if they even want children, and how their life goals coincide should all be discussed. One extremely important factor that all couples should talk about before marriage is finances. And if one spouse earns a substantially higher income than the other, or is bringing other assets to the table, that could necessitate a discussion about a prenuptial agreement.

Drawing up a prenup is not meant to be a tactic to shield your soon-to-be spouse from benefiting from any of your assets — after all, you have decided to spend the rest of your lives together — but rather it is meant to protect you in a way that is fair should you decide to divorce down the road. Fortunately, a prenup and other techniques can allow you to safeguard what you would like to keep if you and your spouse split up.

paycheck or an inheritance you recently received or are about to receive. Additionally, it can mean the stake you have in your family’s business or family heirlooms that have been passed down for generations. By creating a prenup, you can ensure that these assets stay with you in a divorce, but there are also a few things you should do in addition to a prenup to protect what is important to you.

If you have some stake in a business, talk to an attorney about the options available. Often certain types of trusts can be created to make sure your business assets remain in your name. To protect an inheritance, you have to make sure that all of it is in your name. Your spouse’s name cannot be on any of the accounts, and if you use the inheritance for payments related to your marriage, such as on a loan for a car that has both of your names on it, the inheritance could quickly be considered marital property.

In the end, it is important to work with an attorney when drafting a prenup and taking steps to protect your assets. If a trust or other agreement is not put together properly, there is a good chance it will not hold up in divorce court.

Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013