Prenups can be a touchy subject, but the stigma is fading, with some experts saying it could be a smart move for anyone getting married.
While they are legal agreements entered into by couples before marriage — often to keep finances separate despite being otherwise legally joined — they can be a touchy subject for couples starting to build a life together.
They got popular again in the U.S. much later. A 1970 Florida case Posner v Posner ruled that prenups should be a standard practice. Prenups can protect your partner from taking on your debt in the case of death of divorce. In some states, your spouse can be held accountable for all of your debt acquired during the marriage.Kelly Chang Rickert is a family law attorney in California who specializes in prenups, and she sees debt come up in divorce cases all the time.
In other states, laws differ. There can be different rules around what makes prenups enforceable. For example, in Connecticut there's a specific window of time between when the prenup is presented and when the marriage happens for it to hold up. So, it's important to see what a state requires beforehand.
This leads to the question of how finances are split. This determines what a prenup could look like. In the 70s and 80s, it was common practice to put all your money into shared accounts with your spouse. But over the past several years, the number of married couples who keep some of their finances separate has risen.
"If you were smart about it, and the guy's like, 'I want you to sign a prenup saying I don't want community,' then what you could do is you can negotiate it," Chang Rickert said."You could be like, 'Fine, I won't touch your stuff, but in lieu of that, I would like 50,000 a year or 1,000, 100,000 a year,' and that way you can negotiate, and you can actually get money by agreeing to sign a prenup.
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