These agreements may be entered into both before or after the date of the marriage and are similar to estate planning. The purpose is to assure that each spouse has full knowledge of the assets and debts of the other and to determine how income and assets will be treated during the marriage or, if necessary, in a divorce. By state law, all inheritance and gifts made to either party, and any pre-marriage ownership of assets or liability for debt, remain sole and separate unless the parties “co-mingle” accounts. While a pre or post nuptial agreement can provide for spousal maintenance, any agreements relating to children such as custody or child support, are reviewable by the court to determine the best interests of the children.

Issues you may wish to discuss with Marilyn include is it possible to maintain my income and debts separately, what is a reasonable plan to isolate certain income (bonuses, stock, retirement) as separate property, how can future spousal maintenance be determined in a prenuptial agreement, and how can I provide for children from a previous marriage.