Trying To Decide If I Need A Prenup
Location: Texas
I know that prenups are never a bad idea and I'm expecting most people here are going to advise me to get one, but my fiance is incredibly sensitive to the topic. She just can't get it out of her head that doing one is planning for an eventual divorce, so before I push further I want to just make sure my circumstances really necessitate it.
- I have 2 kids from a prior marriage, a home worth ~$500k (which we will live in together), and about $2 million almost entirely in retirement accounts.
- She has a home worth ~$250k (which will be rented out) and about $250k in retirement accounts.
It's my understanding that without a prenup, if we were to divorce then everything we each had prior to marriage gets classified as separate property and as long as there's clear documentation on what we each had then that shouldn't be open to dispute. I can set beneficiaries on my retirement accounts however I want to split things between kids and wife in the event of my death.
I'm OK with not overriding the default state laws on things like alimony (since Texas is not generous about awarding alimony anyway) and I'm OK with equally splitting all assets accumulated after marriage.
My question is, if I don't do a prenup, what risk am I taking on? It seems the default state laws accomplish what I need them to regarding pre-existing assets and assets accumulated post-marriage but I want to make sure I'm not missing something.
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