What to do if He Wants a Prenup: How is the Spouse with the Smaller Estate Protected?

Divorce Lawyer

1.   What are you getting out of the prenuptial agreement? If it is all one-sided in favor of your prospective spouse, you should retain an attorney to negotiate some benefits for you.

2.   If the other side gets to keep his or her pension, 401-K and retirement benefits, what retirement benefits do you keep? Only those worth next to nothing? Retain an attorney so that you also get something out of the agreement.

3.   If the other side will increase his or her net worth, while you contribute by facilitating that growth, what offsetting assets will you be receiving?

Retain an attorney that not only knows how to draft a prenuptial agreement, but knows how to negotiate terms that benefit you. Even though you may not be in the driver’s seat, it should not be a take it or leave it proposition.

Ray has prepared prenuptial agreements for someone wishing to protect assets, and has also negotiated on behalf of the one presented with a proposed prenuptial agreement. In one recent case with limited assets, he negotiated an additional provision that resulted in Client being immediately named as the beneficiary of a retirement savings plan worth over $20,000.00.