Is it Riskier to Have a Prenup? Or to Avoid One?

It’s prenup season at Bulman Dunie. Like many things, requests for prenuptial agreements (or “prenups”) seem to come in waves.

One initial question that prospective prenup clients commonly ask is whether to consider such a document.

Two Reasons for a Prenup in Maryland and D.C.

1. Maryland and D.C. are both “equitable distribution” jurisdictions. That means, in the event of divorce, the parties or the Court are tasked with determining what marital assets exist and what would constitute an “equitable” distribution of those assets. As one might imagine, there can be a vast disparity between the divorcing parties’ beliefs about what is equitable. And, what one judge thinks is equitable might be very different from what another judge thinks.
2. Neither Maryland nor D.C. use alimony calculators. This means there are a number of factors the Court must consider when deciding whether to award alimony to one spouse and, if so, how much and for how long. One judge might reach a conclusion quite different from another, all on the same facts, when they’re tasked with considering the subjective, e.g., what caused the breakdown of the marriage.

Once our clients understand these principles, it’s easy to understand that a prenup can avoid the expense and uncertainty associated with litigation on these and other significant topics.

Weighing the Cost of a Prenup

Prenups also have an added utility separate from divorce. Prenups are helpful roadmaps to estate planning when, for example, either spouse has a particular need to protect their wealth for their separate children or other beneficiaries. Absent a waiver, your new spouse may have an automatic right to a percentage of your estate the moment you marry, which diminishes the inheritance of other beneficiaries, even if you never intended to do so. Often, prenups contain a waiver of that elective share.

More Information about Prenups

If you are interested in learning more about prenups, you can find articles about the most popular types of prenups here.

If you would like to discuss whether a prenuptial agreement is right for you, call family law practice chair Megan N. Rosan, Esq. at (301) 656-1177 x317 or e-mail Meg at mrosan@bulmandunie.com.