News & Analysis as of

Spouses Prenuptial Agreements

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

Lewitt Hackman on

While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

Lewitt Hackman

Who Gets What in a California Divorce?

Lewitt Hackman on

Dividing assets in a divorce is one of the most complex aspects of an already emotionally, physically, and financially challenging process. Without a prenuptial agreement or a postnuptial agreement, determining who gets what...more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

Offit Kurman on

Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2025 Edition

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For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more

Lasher Holzapfel Sperry & Ebberson PLLC

How to Reach an Agreement in Divorce: Practical Steps for a Less Contentious Process

Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce...more

Lasher Holzapfel Sperry & Ebberson PLLC

Prenuptial vs. Postnuptial Agreements: What’s the Difference Between These Two Types of Agreements, and Which One is Right For Me?

It is becoming increasingly more common for modern couples, either before or during their marriage, to execute a written legal contract with the goal of protecting the separate interests of either partner in case of divorce,...more

Goulston & Storrs PC

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Goulston & Storrs PC on

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more

Conn Kavanaugh

Prenuptial Primer

Conn Kavanaugh on

Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone...more

Bowditch & Dewey

10 Things to Know About Prenups and Postnups

Bowditch & Dewey on

Prenuptial and postnuptial agreements may be associated with celebrities and extremely wealthy individuals – but they’re for everyone! In fact, a 2023 poll by Axios/Harris found that over 50% of American adults polled said...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

DarrowEverett LLP on

When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Bowditch & Dewey

Beniffer is benefinished…and didn’t have a prenup!

Bowditch & Dewey on

Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

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The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Prenuptial Agreement vs. Postnuptial Agreement: The Differences & When to Choose Each

When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more

Fox Rothschild LLP

Marriage & Divorce: Just What Do Americans Want?

Fox Rothschild LLP on

Because of the blog’s topic, we are fed a lot of reported news on the state of marriage and divorce in 21st century America. Three topics seem to be headlining this week, the inconsistency of which is baffling. 1.There is a...more

Fox Rothschild LLP

Should You Be Asking for a Disclosure-Only Pre-nuptial?

Fox Rothschild LLP on

Recent data relating to couples who have married in recent years shows that men and women are deferring marriage to their late 20s and early 30s. In real terms what that means is that the people approaching the altar do so...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Managing Divorce: Safeguarding Your Business and Finances - May 29th, 12:00 pm - 1:00 pm ET

Divorce is a deeply personal and emotional process that can have significant implications for your business and financial stability. When business ownership is involved, navigating divorce proceedings becomes increasingly...more

Fox Rothschild LLP

Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!

Fox Rothschild LLP on

Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a right to counsel, there is...more

Cozen O'Connor

Don’t Leave A Prenup Off Of Your Wedding Checklist

Cozen O'Connor on

Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often...more

Fox Rothschild LLP

My Lawyer Won’t Do My Prenup. What’s That About?

Fox Rothschild LLP on

My colleague Jessica Kitain wrote last month (2/14) about the basics of what goes into a premarital/prenuptial agreement. Today we fielded an inquiry about some of the stickier questions that often go unnoticed yet merit some...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Will Your Valentine’s Day Engagement Mean A Prenup In Your Future?

For divorce lawyers, Valentine’s Day means two things: engagements and prenuptial agreements. While others are throwing away wilted roses and finishing off the last few chocolates from heart shaped boxes, divorce attorneys...more

Fox Rothschild LLP

Top 5 Reasons to Talk to Your Partner About a Prenuptial Agreement

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Getting married is one of the happiest times in a person’s life, so it is not a surprise that the last thing couples want to talk about is a prenuptial agreement. Here are the top 5 reasons why you should talk to your...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Lerch, Early & Brewer

Prenup 101: Protecting Your Rights and Assets

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Many of my clients worry about raising the idea of a prenuptial agreement with their fiancé/fiancée because of the anticipated response and what it “says” about their relationship. Whether or not a couple enters into a...more

Lowenstein Sandler LLP

The Sad Tale of Hubby and Lovey: Preparing One’s Estate for the Possibility of Divorce

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In this episode of “Splitting Heirs,” Warren K. Racusin, partner and Chair of Lowenstein’s Trusts & Estates practice, speaks with Sharon L. Klein, EVP, President - Family Wealth, Eastern U.S. Region & Head of National Divorce...more

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