Maxwell Hills | October 11, 2022 | Prenuptial Agreement

When two people decide to get married, they often do not think about the possibility of getting divorced. However, divorce rates are high, and it is essential to be prepared for the worst. One way to do this is to get a prenuptial agreement, which is a contract that outlines how assets will be divided if the marriage ends in divorce.

However, individuals may feel that most are not fully aware of what they do and do not protect the idea of prenuptial agreements. They also may not fully understand community property laws and how they might apply to their situation.

In this article, we will discuss what a prenuptial agreement can and cannot do for couples and if they are worth the investment when protecting future assets.

California Community Property Laws – How it Impacts Marriage and Assets

For married couples in California, community property laws dictate how assets acquired during the marriage are to be divided in the event of a divorce. These laws can impact everything from the family home to retirement accounts. Therefore, understanding how community property laws work is essential for any married couple in California.

In California, all property acquired by a married couple during the marriage is considered community property. This includes all income earned by either spouse and any debts incurred during the marriage. Community property is generally divided equally between spouses in the event of a divorce, though some exceptions exist.

Community property laws can significantly impact married couples, particularly when it comes to buying a home or other major assets. One of the most significant ways that community property laws can affect a marriage is how assets are divided in the event of a divorce. In California, all assets acquired by either spouse during the marriage are considered community property. This means they will be divided equally between the spouses in the event of a divorce. 

For couples who own a home or other major asset, this can mean that the asset will have to be sold and the proceeds split evenly between the spouses. It’s crucial for couples to keep this in mind when deciding whether or not to purchase a home or other major asset together. If there’s a possibility that the marriage may not last, it may be better to purchase the asset separately.

How Exactly Does a Prenuptial Agreement Work?

A prenuptial agreement commonly referred to as a “prenup,” is a contract between two people before marriage. The purpose of a prenup is to establish each spouse’s rights and responsibilities in the event of divorce or death. Prenups can also be used to protect assets, define property ownership, and determine spousal support, and consider the associated prenup cost.

Prenups can cover a variety of topics, including but not limited to: 

• Property division 
• Spousal support 
• Debt Responsibility 
• Child custody and support 
• Business ownership 
• Division of assets acquired during the marriage 
• Funeral and burial arrangements 
• Waiver of right to contest the will 
• Gifting money or property to children from a previous marriage

An experienced attorney can help you navigate the process and draft an agreement that meets your unique needs.

How Does a Prenup Protect Future Assets?

A prenup can protect your future assets in several ways. First, it can identify which assets are considered separate property and marital property. For example, if you owned a house before you got married, that house would be considered your separate property and would not be divided in the event of a divorce. However, if you purchased the home during your marriage, it would be considered marital property and subject to property division. 

Second, a prenup can outline what will happen to your assets in the event of a divorce or death. This can help prevent conflict between you and your spouse later on down the road. For example, if you have significant debts, you may want to include provisions in your prenup that would absolve your spouse of responsibility for those debts in the event of a divorce. 

Third, a prenup can protect your children’s inheritance in the event of death. If you have children from a previous marriage, you may want to include provisions in your prenup to ensure they receive their inheritance regardless of whether you divorce or die.

Other Effective Ways to Protect Future Assets

No one knows what the future holds, but there are steps you can take now to protect your assets in case of an unforeseen event. Here are four different ways to protect your assets for the future.

1. Make a Will 

This is perhaps the most obvious way to protect your assets, but it is often overlooked. Having a will can designate who you want to inherit your belongings when you pass away. If you die without a will, state law will dictate how your assets are distributed, which may not align with your wishes. Making a will is relatively straightforward, so there’s no excuse not to have one.

2. Get Life insurance 

Another way to protect your assets is to get life insurance. If something happens to you and you die prematurely, life insurance can provide financial security for your family. It can also pay off debts, fund a child’s education, or cover other expenses. There are many different life insurance policies available, so be sure to research and find the one that’s right for you and your family.

3. Create a Postnup

If you didn’t have a prenup and you want to protect your assets in the event of a divorce, you can create what’s known as a postnuptial agreement. A postnup is similar to a prenup in that it’s a contract between spouses that outlines each person’s rights and responsibilities. However, a postnup is created after you’re married, whereas a prenup is created before.

4. Designate Beneficiaries 

When you open a bank, investment, or retirement account, you usually have the option to designate a beneficiary. This means that if something happens to you, the account will go directly to the person you designated instead of going through probate court. Designating beneficiaries is a simple way to ensure that your assets end up in the hands of the people you want them to go to.

Protect Your Assets

Prenups are just one way to protect your assets, but many other effective ways exist. The most important thing is to take action now and consider how you want your assets to be distributed in the event of divorce. By taking these steps, you can give yourself and your family peace of mind knowing that your assets are protected.