Your Future Deserves Experienced and Highly Effective Family Law Counsel

Learn More About The Benefits Of A Prenuptial Agreement

Q: When Should A Prenuptial Agreement Should Be Considered?

The short answer is yes. In Indiana, all assets brought to the marriage and all assets accumulated during the course of the marriage, no matter the source of that asset came or how that asset is titled, is subject to division. Inheritance is no different. If the inheritance was accumulated during the course of the marriage, and prior to the filing of a divorce, even though it may only be titled in one spouses’ name, it is considered a marital asset. However, the court will consider several factors in determining what an equitable division of property may look like in any case. An inherited asset is indeed taken into consideration in determining how to distribute property. It may be that the inherited asset is in theory equally divided, depending on the rest of the marital estate, particularly if the inherited asset has been used to pay down marital debts throughout the course of the marriage. In other cases, the inherited assets may not necessarily be equally divided. Bottom line, unless there is a pre-nuptial agreement excluding an inheritance, then that asset is included as a marital asset subject to division by the court, just as a jointly titled asset would be.

Last updated on November 11, 2024

There are many reasons people will seek out a prenuptial agreement, which may also be called a premarital agreement. Most people think of a prenuptial agreement as protection only rich people need. This is simply not the truth. No matter your age, financial situation or sexual orientation, a prenup can be an extremely helpful tool as you prepare for marriage.

First, what is a prenuptial agreement? Simply put, it is a contract that allows people to set certain terms regarding a dissolution of the marriage, should one occur, or the death of a spouse.

Some of the issues that can be settled using a prenuptial agreement are:

Spousal maintenance
Property division
Attorney’s fees and litigation expenses

When Should A Prenuptial Agreement Should Be Considered?

It is wise for heterosexual and same-sex couples to investigate how a prenuptial agreement can help them tackle tough issues before they get married. Some of the most common situations where a prenup is essential include:

Spouses who will be creating blended families
Couples who have significant income or asset differences
Those who are entering into a marriage that includes business ownership
People with assets owned jointly with family members
Individuals who anticipate large inheritances later in their lives

People often have misconceptions about what goals can be achieved with a prenuptial agreement. We will listen to your goals and make sure that we provide you with the flexibility and protection you need for your circumstances.

Highly Experienced Prenuptial Agreement Attorneys

Whether you are seeking an agreement, or you are looking to ensure your rights are protected after receiving a prenuptial agreement from your intended spouse, we can help. To schedule an initial consultation, call 317-660-8150 or contact us online. People in our LGBTQ+ community are welcome.