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Should I have a prenuptial agreement?

If you are a Kentucky resident who is in the midst of wedding preparations, the last thing you probably want to think about is the possibility that your marriage may one day end in divorce. As FindLaw points out, however, given the rate of divorce in America, signing a prenuptial agreement now may save you a lot of heartaches and headaches in the future.

Prenups are no longer only for the very wealthy. If you and your fiancé intend to have a two-income marriage, you may well find it helpful to agree now on whose property is whose in the event of a divorce. Without a prenup, Kentucky considers all property acquired during your marriage to be marital property and subject to equitable distribution when a divorce occurs.

What a prenup covers

Your prenuptial agreement can cover any number of things, including the following:

  • How each of you wishes to provide for your children by a previous relationship
  • How each of you wishes to protect any estate plan you already have
  • How each of you wishes to handle your own credit card purchases and payments, investments, 401(k) contributions, income tax deductions, retirement benefits, etc.
  • How much marital debt each of you will be responsible for
  • How you agree to treat a family business

What a prenup cannot cover

Your prenup cannot cover anything having to do with child custody and/or support in the event of a divorce. In addition, it cannot waive either spouse’s right to spousal support. Nor can it deal with personal matters such as the following:

  • Division of household chores
  • Decisions about child rearing
  • Decisions about vacation and/or holiday destinations

Whether or not a prenuptial agreement is right for you and your fiancé is completely up to the two of you. But do not hesitate to bring up the subject for fear of hurting his or her feelings. Marriage is for adults and adults should already have developed the ability to discuss things reasonably. This information is only intended to educate and should not be interpreted as legal advice.

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