Wrong.The prenuptial cannot protect any of that if the court wants to give it to the spouse for the kids or to avoid making them destitute. Saying it protects them is shell game logic.Your last sentence, “ This severely limits the value of prenuptial for protecting assets.“ That’s completely untrue. A prenuptial agreement can protect all of your assets. This includes houses , brokerage accounts, checking accounts, cars, and any other assets in your name. Even if the other person contributes to the mortgage, the prenup agreement can stipulate who it belongs to.
There is plenty of data, even a cursory Google search can turn that up.
States are "following" the law insofar as they interpret it. But basically states won't enforce "Unconscionable" terms or terms relating to children. This severely limits the value of the prenuptial for protecting assets
Statistics: Posted by rogue_economist — Tue Feb 04, 2025 6:14 pm