Separate Property in a Prenuptial Agreement

Separate Property in a Prenuptial Agreement

The rules of community property and equitable distribution only apply to income and assets earned or acquired during the marriage. Separate property is everything a husband and wife own separately. In most cases, separate property includes:

  1. Anything owned prior to the marriage
  2. Anything inherited or received as a gift during the marriage
  3. Anything either spouse earned after the date of separation
In the event of a divorce, separate property will not be divided.

Similar to separate property, separate debts belong to one spouse. All debts incurred before marriage are separate debts. Educational or job training loans acquired before marriage are examples of separate debts.

One of the main benefits of a prenuptial agreement is that separate property can be prevented from being accidentally re-classified as joint property. This can happen when funds are co-mingled or payments are made out of joint funds. For instance, if one spouse owes a large student loan, both may agree to keep that loan as a separate debt. Then, only one spouse would be liable for the debt in case of divorce.

  • Definition of a Prenuptial Agreement
    A prenuptial agreement is entered into before marriage. This agreement can set forth what will happen to your and your spouse's assets and income in the unfortunate event of divorce, separation or death. Most importantly, a prenuptial agreement can preserve the nature of property in the...
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  • Benefits of Prenuptials
    The benefits of a prenuptial agreement cannot be overstated. Although many divorces do not end up in court, they can still be extremely costly. Most people overlook the fact that marriage is a communion of property. Deciding who receives what property can be a painstaking process requiring a lot...
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  • Validity of Prenuptials
    The courts typically uphold prenuptial agreements unless one person shows:
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  • Community Property and Equitable Distribution in a Prenuptial Agreement
    To understand what a prenuptial agreement can do, it is important to understand community and separate property. Community property is observed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. All other states follow equitable...
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  • Separate Property in a Prenuptial Agreement
    The rules of community property and equitable distribution only apply to income and assets earned or acquired during the marriage. Separate property is everything a husband and wife own separately. In most cases, separate property includes:
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  • Child Support and Spousal Support in Prenuptial Agreements
    No state allows limitations on child support payment amounts in a prenuptial agreement. Child support payments are defined by state guidelines. On the other hand, spousal support waivers vary from state to state. States which follow the Uniform Pre-Marital Agreement Act permit the waiver of...
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