Michael E. Eisenberg Attorney at Law
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Before I do: who really needs a prenup?

When you think of a prenuptial agreement, you may think first of the celebrity divorces that often make headlines, often involving two people fighting over fancy homes and other valuable property. While celebrities and the wealthy often sign prenuptial agreements to protect their property interests in case of a divorce, it is not a step only necessary for those who have more than a certain amount of money.

Even average income earners can benefit from the protections provided by a prenuptial agreement. Not only will this allow you to address property division issues in case of a divorce, it will also allow you to discuss the distribution of marital debt and other assets or liabilities.

Is a prenuptial agreement a plan to fail?

Many Pennsylvania couples refrain from drafting a prenuptial agreement because they believe that it is going into the marriage assuming that it will fail. In reality, it is not a plan to fail, but rather, allows a couple to discuss important money issues before marriage. A prenuptial agreement will allow you to do the following:

  • Protect a family-owned or closely held business
  • Determine distribution of marital debt
  • Determine distribution of student loan debt
  • Address specific valuable assets and marital property
  • Protect a potential inheritance
  • Address potential spousal support payments
  • Other specific issues that could be a contentious issue during divorce

Drafting a prenuptial agreement is not a one-size-fits-all approach. Your prenuptial agreement should address the issues that are important to you and unique to your situation. This is a document designed for your protection, and you can specifically tailor your prenup to your needs and objectives.

What you may not know about prenups

Prenuptial agreements can actually do much more than just outline property division and division of marital debt. By drafting, signing and discussing the issues addressed by the prenup, couples can have important money-related conversations before the marriage even begins. Protecting your property interests is important, even if you do not have significant wealth.

From taxes to paying for continued higher education, many complex financial matters can complicate a divorce. By having a prenuptial agreement in place, you may be able to avoid a stressful and costly court battle, saving time and money during an already difficult time. Having a prenup is not planning on a marriage to fail; it is simply having a contingency plan in place for the future.

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