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Family & Divorce Law

How a prenup can protect estate plans in divorce

By Tolison & Williams / September 18, 2014

Preparing to get married is often one of the major highlights in the lives of many Colorado residents, which can make talks about a prenuptial agreement incredibly awkward. However, with the divorce rate at nearly 50 percent, speaking with a potential spouse about the need for a prenup in the event of a divorce can facilitate honest communication about finances and relationship expectations. The unfortunate part of those wishing to speak about a prenup with their soon-to-be spouse is the negative opinion people have about this sometimes necessary document.

While many people understand that the basic premise of a prenup is to protect assets in the event of a divorce, it reportedly has an additional benefit as an estate planning tool. For those who are entering their second marriage or those who have waited until later in life to marry, protecting previously acquired assets may be very important. It is important to remember that a prenuptial agreement should not work against an established estate plan.

The process of creating a detailed prenup and estate plan will require that interested parties consider a variety of factors. In many cases, one of the major concerns people face is how to best protect their children and property. This can mean creating stipulations within the agreement that protect certain financial or property interest for the eventual transfer to an individual's children. Additional concerns may also include possible rights associated with a surviving spouse, tax exemptions and debt liabilities.

For some Colorado residents, deciding the best way to protect a lifetime of assets is a major concern. While prenups do not have the most positive reputation, there are valuable benefits for those who may face the possibility of divorce. In some cases, people are unprepared for what financial hurdles they may encounter once the divorce is finalized. Some of these unexpected hurdles may be prevented with the implementation of a prenuptial agreement.

Source: womenmoneyanddivorce.com, "P is Prenups as an Estate Planning Tool", Ann Zuraw, Sept. 8, 2014

Tags: Divorce

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