Attorney Katherine Kraus

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Why a prenup may be the best solution for some couples

On Behalf of | Sep 17, 2018 | Divorce

Some people in Arizona may be uncomfortable with the idea of a prenuptial agreement. They might worry that having one will make them more likely to divorce, that family members may object or that they might have to admit to embarrassing secrets such as debt or bankruptcy. However, creating a prenup can be a good opportunity to have an honest conversation about money.

It can also be important for people who are bringing assets into the marriage. With a prenup, they may be able to ensure that they are able to keep the assets in a divorce. The same is true if one person owns a business. The other spouse might get a share of the business if there is no prenup in place.

People may also want to use a prenup to establish rules around alimony. One person might have a much higher salary than the other, and the lower-earning spouse might want to make sure there is financial security in the case of a divorce. This may also be important if one person plans to leave the workforce to care for children. Child support usually ends when children turn 18, but a person may need support after that. A prenup may also be used to protect a person from a spouse’s debts or even to specify what happens to pets in a divorce.

A prenup may be particularly important in a community property state like Arizona where marital property is supposed to be split equally. However, even if a couple does not have one, they may still be able to negotiate an agreement for property division that benefits both of them.

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