The Importance of Prenuptial Agreements

Do I need a prenuptial agreement?

If you have substantial premarital assets, have children from a prior relationship, intend to receive a substantial inheritance, or make a large income, and don't want to have to share it all with your spouse if you divorce, you definitely need a prenuptial agreement.

Everything that you bring into a marriage is your separate property. However, if those assets appreciate during the marriage, your spouse is entitled to a share of that appreciation. Similarly, all gifts and inheritances received during a marriage are considered separate property. However the appreciation is considered marital and subject to division.

If you want to protect the inheritance rights of your children from a prior relationship, or want to limit the amount of maintenance or property your spouse receives in a divorce, you can limit your exposure by signing a prenuptial agreement.

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