The Importance of Prenuptial Agreements
If you have substantial premarital assets, have children from a prior relationship,
intend to receive a substantial inheritance, or make a large income, and don’t want to
have to share it all with your spouse if you divorce, you definitely need a prenuptial
agreement.
Everything that you bring into a marriage is your separate property. However, if those
assets appreciate during the marriage, your spouse is entitled to a share of that
appreciation. Similarly, all gifts and inheritances received during a marriage are
considered separate property. However the appreciation is considered marital and
subject to division.
If you want to protect the inheritance rights of your children from a prior
relationship, or want to limit the amount of maintenance or property your spouse
receives in a divorce, you can limit your exposure by signing a prenuptial
agreement.