The Basics: What's a Prenup Really About?
Marriage blends not just lives, but finances too. That's where a prenup comes in: letting you write your own rules instead of defaulting to Nevada community property laws. Many couples discover that a prenup brings unexpected clarity – it's a chance to have those important money conversations before your journey together begins.
Protection for Business Owners
Picture spending years building your dream business from scratch – maybe it's a local restaurant you've poured your heart into, or a consulting firm you've grown from your spare bedroom. Without proper protection, that business you've nurtured could be divided in a divorce. A prenup can help ensure your business remains solely yours.
Protecting Your Pre-Marriage Home
Here's something that surprises many Nevada homeowners: Even if you owned your home before marriage, your new spouse could claim a share of its increased value in divorce. The Nevada Supreme Court established in Malmquist v. Malmquist that the community estate can acquire an interest in a pre-marriage home when community funds (like your salary during marriage) pay the mortgage or fund renovations. A prenup can address this head-on by spelling out exactly how you'll divide home equity, if at all. Maybe you're both investing separate property into a new home together in the future – a prenup can establish clear rules for dividing that investment if things don't work out.
Creating Joint Property Together
Here's something people often miss about prenups – they're not just about keeping things separate. A well-crafted agreement spells out how you'll acquire joint property during marriage, from putting both names on house deeds to establishing joint bank accounts. Think of it as writing the rules for your financial partnership beforehand.
Blending Families
A prenup becomes especially valuable when children from previous relationships are involved. It ensures your kids' inheritance remains protected while still providing for your new spouse – preventing those painful family conflicts that can arise years down the road.
Professional Careers and Future Earnings
For those who've invested heavily in their careers – doctors still paying off medical school, lawyers who've built a practice, or entrepreneurs with growing businesses – a prenup can protect future earning potential. Instead of leaving these decisions to a judge years later, couples can thoughtfully work out arrangements that feel fair to both parties while acknowledging each person's contributions to the marriage.
Addressing Debt
Many people bring financial baggage into marriage, whether it's student loans, credit cards, or a mortgage. Divorce clients are often surprised that all debt incurred during a marriage--in either spouse's name--is divided equally (with few exceptions). A prenup can create clear boundaries around debt incurred both before and during a marriage.
Making the Decision Together
Remember, choosing to get a prenup isn't about lack of trust – it's about having important financial conversations early. Just as you'd consult an architect before building your dream home, speaking with a family law attorney helps you understand if a prenup aligns with your shared vision for the future. The best time to address the financial future is before marriage.