MIAMI, Florida. Same-sex couples might be more likely to be getting married for the first time at an older age. On June 26, 2015, the Supreme Court ruled that same-sex marriages were established as the law of the land in all 50 states. Before that, same-sex marriage was only legal in 36 states, and the patchwork nature of the law meant that couples who moved from state to state could find themselves enjoying varying degrees of legal protection. Once the law was passed, more couples started to seriously consider marriage.
Yet, when couples get married older, they bring with them unique challenges. Individuals might have significant wealth, property, or debts. They may soon expect to receive an inheritance from their parents. According to the New York Times, same sex couples may also be more likely to come from different socioeconomic backgrounds. All of these factors should be considered when same-sex couples are getting married because, in the event of a divorce, it brings peace of mind to know what each person will get and what property is shared. For many couples, a prenuptial agreement is an opportunity to have a serious discussion about finances.
According to the New York Times, when planning a prenuptial agreement, both parties should discuss questions about alimony, retirement accounts, and whether a stay-at-home parent will be compensated for time spent caring for the children. If the couple will be adopting or having children, expectations about children should also be outlined in the prenuptial agreement.
A prenuptial agreement can also address other important issues that involve finances that may not involve divorce. Some couples specify what will happen should one partner become disabled or so ill that they cannot make decisions for themselves. These agreements can outline what role the other partner will have in these situations.
While prenuptial agreements cannot include provisions about child support, these agreements can specify that family wealth will go to the children or to some other designated party if one or both parties doesn’t want family wealth to leave their family.
According to Forbes, appreciation of assets like investments or increases in value of property can be considered marital property. If you’re bringing assets into the marriage, you may want to specify who gets what in your prenuptial agreement.
When the time comes to draft a prenuptial agreement, you and your future partner will each need to have your own lawyer. This way your lawyer can represent your best interests and ensure that you’re not signing away important rights.
If you’re planning on getting married, protect yourself. Sandy B. Becher, P.A. is a prenuptial agreement lawyer in Miami, Florida who works with individuals who want to protect their financial interests before they get married. We can help you ask the tough questions and help you outline which issues you should address in your prenuptial agreement. Visit us at https://sandybecher.com/ to learn more.
Sandy B. Becher, P.A.
201 S. Biscayne Boulevard
Twenty Seventh Floor
Miami, FL 33131