Can You Protect Your Assets Against Divorce?
Hillel L. Presser, Esq., MBA
Asset Protection Attorney, Author, Vistage Speaker/Member
Unquestionably, a fair, legally-binding pre-marriage agreement is your safest way to secure your assets. A pre-marriage agreement is a written contract between intended spouses which specifies how their marital property and income shall be divided should they divorce.
And contrary to belief, pre-marriage agreements aren’t only for the wealthy. More couples with average income and wealth now use pre-marriage agreements as an efficient, equitable way to settle matters in advance of a future divorce.
Pre-marriage agreements also resolve complex issues that are less easily reconciled by a divorce court. For example, a spouse with substantial assets may want his children from a prior marriage to inherit his wealth. A pre-marriage agreement is then the ideal way – perhaps only way – to secure this wish. The pre-marriage agreement can similarly stipulate to a predetermined spousal alimony as well as property division upon separation, divorce or death. The agreement lets both parties marry confident that their respective post-marital needs will be fulfilled should their marriage end.