Prenups and remarrying

South Carolina residents who got married for the first time during their 20s or 30s may not have been very concerned about completing a prenuptial agreement, as they may not yet have had significant assets. However, for people who are in their 50s or 60s and are getting married for the second time, completing a prenup is almost essential.

People who get remarried tend to have accumulated retirement funds, significant assets, businesses and homes as well as children from other marriages or relationships. If they were to get remarried without having a prenup in place and the marriage were to end in divorce, they would likely suffer serious financial consequences from which they may not be able to recover.

Many people who get married later in life may have several concerns. They may wonder how to address supporting their new spouse during retirement and throughout their old age. There may also be concerns about making sure that children from a previous marriage or relationship are able to receive intended assets if the marriage is still ongoing when their parent dies.

A prenup can be useful for people entering a second marriage, as it can include details for how the couple plans to support themselves throughout the marriage. Plans for when retirement assets should be used can also be included. Prenups can also be used to specify who will be paying for household expenses and to what degree. The discussions required to decide on these issues and the written commitment of the prenup can be very helpful to couples.

A family law attorney may advise individuals who are remarrying on how completing a prenup can protect their interests in the event of a divorce. The attorney may negotiate favorable prenup terms on behalf of clients and may litigate to have the terms of a prenup enforced.