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Why You Might Want a Prenup Comments

  • By Margaret Klaw
  • May 18, 2012

Margy Klaw

Prenuptial agreements have a bad rap. Many couples consider them distasteful and unromantic at best—bad karma at worst.

The truth is, a prenup is less like a roadmap for divorce, and more like insurance. A good prenup insures that if you did face a divorce, your income and assets would be divided in the way you want, not according to the laws of your state.

For example, you could agree that everything titled in your name will be yours, everything titled in your husband’s name will be his, everything jointly titled will be divided equally—and you’ll both waive claims to spousal support and alimony. 

Or you might want a different arrangement; the point is that it’s your call.

Is a prenup always in your best financial interest? No. A prenup typically protects the wealthier spouse. You don’t want to sign away your right to a share of assets and income that you’d otherwise be entitled to by law.

Independent legal advice is key. You’ll need a lawyer to draft a prenuptial agreement—or to review one prepared by your fiancé’s attorney.

Margaret Klaw is a founding partner with Berner Klaw & Watson in Philadelphia. She blogs at Family Law Unraveled.

 

Yours, mine, or ours? Would you ever consider a prenup?

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