Divorce attorney Laura Wasser explains that while people request clauses about infidelity, weight gain, or even household chores, reputable lawyers refuse to include them. These "lifestyle" clauses are typically not enforceable by a judge, rendering them useless if challenged and potentially weakening the entire agreement.
Laura Wasser warns against clauses that nullify a prenup after a set number of years. Courts can view these as "promotive of divorce," creating a financial incentive for one spouse to end the marriage just before the clause activates, which could potentially invalidate the entire agreement.
While a prenup is negotiated in good faith before marriage, a postnup often arises from a marital issue like infidelity. This timing can lead courts to view it as the first step in a divorce negotiation, not a marriage plan, making it more susceptible to being challenged and overturned.
Attempting to hide cryptocurrency by claiming to have "lost" the keys is an ineffective strategy in divorce. Forensic accountants trace the transaction, and a judge will hold the spouse accountable for the community funds used for the purchase, making them owe their partner half the value, regardless of the crypto's location.
A growing trend in prenups involves clauses designed to protect second-generation wealth. Parents who plan to leave significant assets or provide ongoing financial support are now insisting their children get prenups to ensure family money doesn't become divisible marital property in a divorce.
In a divorce, a social media following isn't split between partners. Instead, a creator's account is typically held within a corporate entity. While the entity itself is a marital asset and its generated income is divisible, the account and its followers remain with the creator, as they are part of the business.
The state where a couple divorces is determined by where they lived for the six months before filing, not where the marriage took place. This allows for "forum shopping" for favorable state laws. However, a prenuptial agreement can specify a "choice of venue" to pre-determine which state's law will apply.
A prenuptial agreement isn't about planning for divorce; it's about customizing the legal and financial terms of your marriage contract. If you don't create your own, you are implicitly accepting the default contract written by your state's laws, which may not align with your intentions.