Much of the asset division has to do with housing. Sometimes the couple with the most money has a house and the couple will live in that house when they get married. And maybe the non-breadwinner couple is going to spend time and energy decorating that house and making it look beautiful. They might say, “Well gee this is not my home, but I would like some kind of acceptance as time goes on, say, every year or every five years, so that it feels like we are a real association. So yeah If we ever split up, I would get half of this house or half of the value and appreciation of this house. “
“While you can always change a will, that’s why you see people in the last days of their lives suddenly dedicating their entire estate to their caregiver, you can’t change a prenuptial agreement.”
Another thing I’ve seen come up over and over again is high-value gifts. People buy gifts for each other during the marriage. If it’s not something like a ring or jewel, let’s say it’s rough diamonds, a work of art, or a Bentley, and the partner giving it says, “Oh honey, this is for you. It’s a birthday present. “And then they divorce and suddenly that couple says,” No, no, no, no, this was not a gift. Of course I’m not going to buy you a $ 1 million Basquiat for your birthday. I bought this for U.S. This was an asset that I was buying for the community. “We have seen more and more cases like this where a partner gave a gift and then claims that it was purchased for investment purposes and that it was not actually a gift. So, What we will put a lot into the prenuptial agreements now is that if a gift is given, it must be accompanied by an acknowledgment on a page that says, “Under the terms of our prenuptial agreement, I am denoting it as a gift.”
I’m also starting to see a lot of probate terms or provisions regarding wills. While you can always change a will, this is why you see people in the last days of their lives suddenly dedicating their entire estate to their caregiver, you cannot change a prenuptial agreement. If an older person is going to marry a younger person, the older person may not want to agree that if they divorce, they are willing to give the younger person half of everything they earned or created during marriage. But they could be like, “If I die and we are still married, even though I have adult children from a previous marriage, I will include in our prenuptial agreement that you can continue to live in my house for the rest.” of your life. And then when you die, it will go to my children. “Or the youngest or healthiest spouse might want to put that into the prenup, knowing that their partner could always change their will.