Do Prenuptial Agreements Protect Future Assets in CA?

Couple sitting at table with documents holding hands

Planning a wedding is an incredibly exciting time, between finding the perfect venue and picking out bouquets, you may be eager to make it to the altar. However, between choosing DJs and caterers, there’s one thing you may want to consider – creating a prenuptial agreement. These documents can help protect your assets if you get a divorce. However, one thing many are unsure of is whether or not this can shield your future assets. The following blog explores what you should know about these matters and why it’s in your best interest to connect with Los Angeles prenuptial agreement attorneys who can help you navigate this process.

How Does a Prenuptial Agreement Work?

A prenuptial agreement is a document that allows both parties to decide how they will split their assets in the event they should divorce. This is common in California, as the state follows the community property statute meaning assets are divided evenly between each spouse regardless of their contribution to the marriage. Generally, this allows you to keep your separate assets separate and determine how shared assets will be divided. Additionally, you can include terms and conditions for things like spousal support payments.

Can I Protect My Future Assets in This Document?

Including future assets in a prenuptial agreement is one of the main appeals of creating this document for many. If you want to include your future assets in a prenup, it’s important to understand how to do this. However, this depends on the kind of future asset it is. For example, if you believe you’ll come into an inheritance, like a trust fund, this is somewhat more complex to protect. Generally, you’ll need to describe the future asset in detail to ensure there is no confusion regarding the asset and how it will be divided.

However, protecting assets like income is more straightforward. For example, if you have a personal savings account and want to ensure any income you contribute to it remains your separate property, you can include this as a term or condition of your will.

If I Want to Create a Prenup, What Should I Do?

If you are interested in creating a prenuptial agreement, trying to navigate this process on your own is not recommended. Though you love and trust your soon-to-be spouse, it’s still in your best interest to ensure you have an attorney who can help ensure your best interest is represented during this process. Your lawyer can review the document to ensure you are protected if you get divorced so your spouse doesn’t walk away with an unproportional outcome.

When you and your spouse are ready to create a prenuptial agreement, the team at the Zitser Family Law Group can help. We understand how complicated these issues can be, which is why we are dedicated to helping our clients navigate these matters. Connect with us today so we can help take the stress off your shoulders so you can return to planning your dream wedding.

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