Should a same-sex couple get a prenup before tying the knot?

On behalf of Rebecca H. Fischer of Fischer & Feldman, P.A. posted in Prenuptial Agreements on Monday, December 14, 2015.

Since the Supreme Court decided in June 2015, many same-sex couples have gotten married. Unfortunately, many of these couples will also experience divorce and without a prenuptial agreement.

A prenuptial agreement is just as important for lesbian, gay, bisexual and transgender couples as it is for traditional couples. It sets out how the divorce will be handled. As long as the court finds that your prenuptial was created and signed lawfully and without one party under undue stress, the court should accept your prenup in your divorce.

Many LGBT couples may not realize that without a prenup in place, their assets will be divided in an equitable manner. Alimony is determined by how long the couple was married and how much money each party makes. Retirement and pension accounts can be addressed in a prenup, as can who gets the house or other real estate. The court will decide who gets what for LGBT couples just as they do for other couples.

In order to get a prenuptial agreement, each person needs to speak with his or her own attorney. This will help ensure that each person’s rights and interests are protected. Since this is a legal, binding contract, it’s important that you are comfortable with the prenup and that you feel you are well represented.

Prenups work, but only if they are signed before the wedding. Afterwards, you might get a post-nuptial agreement or work on your estate plan, but it would be difficult to plan what happens in case of a divorce. Your family law attorney can guide you creating a prenup that protects your assets for you and and your children in future should a separation occur.

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Source:, “Why LGBT Couples Should Sign A Prenup Before Celebrating Marriage Equality,” Lisa Schmidt, Dec. 10, 2015


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