Do Same-Sex Couples Need a Prenuptial or Postnuptial Agreement?

In the past, only wealthy couples got prenuptial agreements. Prenuptial agreements outline how assets and debts are divided in a divorce. These documents supersede state laws, allowing couples to divide property in a way that seems fair to them based on their unique circumstances.

Nowadays, couples of all financial backgrounds are considering prenuptial agreements to protect themselves should their marriage end in divorce. A prenuptial agreement can also benefit same-sex couples, just as it would for any couple entering marriage. While marriage equality is recognized nationwide, some legal complexities remain, particularly concerning property rights, spousal support, and parental rights.

While a prenup is not required, it provides legal clarity and can help avoid lengthy court battles. Same-sex couples face many of the same financial and legal concerns as heterosexual couples, but potential gaps in the law make prenups even more valuable. Here are some benefits to getting one.

Asset Protection

Without a prenup, assets acquired before and during the marriage might be subject to equitable division in divorce, depending on state laws. This can be problematic if one partner enters the marriage with significant assets or one spouse has substantial debt that could affect the couple’s finances. A prenup allows couples to outline who keeps what, reducing uncertainty and protecting financial security.

Alimony Considerations

Alimony is not automatically guaranteed in every divorce, and some states have varying interpretations for same-sex couples, particularly those married before it was legalized nationwide in 2015. A prenup can define whether alimony will be paid, how much, and for how long. It can also protect a lower-earning spouse from financial hardship.

Parental Rights

If children are involved, a prenup cannot determine custody arrangements, but it can establish financial obligations in case of separation. This is critical when one partner is the biological or adoptive parent while the other is not legally recognized. It is also helpful when a stay-at-home parent needs financial security after a divorce. A prenup can set forth expectations for child support, educational expenses, and medical costs, ensuring both partners are financially responsible.

Business Protections

If one or both spouses own a business, a prenup can prevent ownership disputes in the event of divorce. Without a prenup, a business started before marriage could be considered marital property, making it subject to division. Divorce proceedings could also disrupt operations or control of the business. A prenup can specify that a business remains separate property or outline how ownership interests would be divided.

Contact Us Today

All married or engaged couples can benefit from a prenuptial or postnuptial agreement. Regardless of sexual orientation, a couple can benefit from such a document.

A Tennessee divorce lawyer from The Law Office of David L. Scott can address your concerns about getting a prenup or postnup. We are committed to providing you with the most reliable legal representation possible. Schedule a consultation by calling (615) 896-7656 or filling out the online form.