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How Will A Premarital Agreement Protect My Rights? Your pre-marital property is yours and it will continue to be yours through marriage, even if you never obtain a premarital agreement. That said, any increase in value of your premarital assets will become marital, absent an agreement. Likewise, any newly acquired asset during marriage will become a marital asset (absent certain exceptions), unless you have a premarital agreement. So, for example, once you are married, payments into your 401K will be part of the marital estate absent an agreement to the contrary. You and your spouse can waive (through your premarital agreement) the right to make claims against each other for spousal support, APL (alimony pendente lite), and/or alimony. Agreements concerning child support and custody are always modifiable, however. For more information: |
FAQ - Premarital Agreements |
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