Is there a way to protect your assets without a prenuptial agreement?
Asked by: Vern Walter | Last update: July 19, 2025Score: 4.2/5 (41 votes)
Keep Separate Property Keep real estate separate by keeping the title in your name alone, and don't use commingled money to maintain the property. Likewise, keep individual financial accounts and retirement assets as separate funds in your own name. Open a separate joint account to manage marital funds.
What can I do instead of a prenup?
A trust can be used as an effective alternative to a prenup because it holds assets outside your marital estate.
What am I entitled to if I don't have a prenuptial agreement?
Without a prenuptial agreement, a court will decide which of your assets are considered marital and, therefore, belong to both parties. These assets may include even those you had before the marriage, such as a business. If your spouse contributed to the business, a court may award him or her a share of it.
How to protect your assets before you get married?
But just like a helmet protects your head in case of an accident, a prenup protects your assets if the unexpected occurs. A prenuptial agreement helps to determine who gets what property in the event of a divorce. It can cover a wide range of assets, from real estate to your grandmother's precious heirloom.
What is better than a prenuptial agreement?
Often, the preferable alternative to a prenup is establishing trusts or other legal structures. In particular, couples can utilize an irrevocable trust. Trusts are particularly useful for safeguarding assets that a spouse intends for specific beneficiaries, such as children from previous relationships.
How to Protect Your Money WITHOUT A Prenup | What To Do If You Didn't Sign a Prenup
How can I protect my assets without a prenuptial agreement?
Keep Separate Property
Keep real estate separate by keeping the title in your name alone, and don't use commingled money to maintain the property. Likewise, keep individual financial accounts and retirement assets as separate funds in your own name. Open a separate joint account to manage marital funds.
Are postnups as good as prenups?
Postnups may also involve financial disclosure, but the level of scrutiny may be different. Limitations – Prenuptial agreements are typically more flexible since the couple is still unmarried. Postnuptial agreements must consider the existing marital status and may have more limitations in certain areas.
Can you get married and keep assets separate?
California is a community property state. This means state law defines property as either community or separate. Community property is that owned by both spouses and subject to division during divorce. The courts generally split this property equally between the parties.
How do I protect myself financially from my husband?
Opening a separate bank account under your name will allow you to start building better credit for your future. Doing so may also separate your spending patterns from your spouse's and protect you if your spouse goes on a reckless spending spree during the divorce process or seeks to harm you financially.
What happens if you marry without a prenup?
In the absence of a prenup, the law takes a common-sense approach to the division of property upon divorce. It decides what belongs to both spouses and can be divided upon divorce (marital property) and what belongs only to each individual spouse (non-marital property).
How are assets split without a prenup?
Income you earn during the marriage
For example, if Michael earns income from his employment during marriage, said income in a CA divorce will be subject to a 50/50 split (unless an exception applies). Exceptions may include: Passive income from something you owned before marriage is usually considered separate.
What overrides a prenup?
Evidence of coercion or duress can invalidate the agreement. Full disclosure is required. Prenups can be invalidated if it is shown that either party failed to fully disclose their assets, income and debts to each other before signing the agreement. Both parties must be legally competent and capable.
What is a sunset clause in a prenup?
A sunset clause is one that specifies a date or trigger event in which certain terms in the prenuptial agreement would expire. A common trigger event in a prenup's sunset clause would be a specific anniversary, such as the couple's 10th wedding anniversary.
Can you do a DIY prenup?
Yes, you can write your own prenuptial agreement in California and have it notarized. However, while self-drafting is allowed, it's often risky without professional guidance. A prenup must meet specific legal requirements to be enforceable, including full financial disclosure and voluntary consent.
How long after marriage can you get a postnuptial agreement?
There is no specific time frame for when you can create a postnuptial agreement in California. You can draft and sign a postnup at any point during the marriage, whether you've been married for two weeks or 20 years.
Are premarital assets protected in divorce?
Premarital property
As a general rule, property or assets you owned prior to your marriage will be exempted from equitable distribution. But there are always exceptions to every rule. The court may grant your ex a share of premarital assets if they have, among other things: Been added to a title or deed.
What assets cannot be touched in divorce?
Separate property generally cannot be touched in a divorce., but there may be times when separate property turns into marital property, making it available for distribution.
How to protect your assets when you get married?
A revocable living trust in California is necessary to avoid probate. You could get a separate property trust drafted that would essentially provide for your spouse without giving them ownership of the property. USE NON-MARITAL FUNDS TO MAINTAIN NON-MARITAL PROPERTY.
Can my husband cut me off financially?
Unfortunately, it is far too common that when clients say it's over, their spouse with the “purse strings” cuts them off financially. This may mean cutting payments to a joint or sole account or refusing to pay the mortgage or school fees.
Is a cell phone marital property?
Marital property includes everything acquired during the marriage. This includes real estate, cars, bank accounts, stocks, bonds, 401(k), pension plans, life insurance policies, annuities, collectibles, antiques, art, jewelry, furniture, clothing, appliances, tools, and equipment, computers, cell phones, etc.
Who is responsible for credit card debt in divorce?
In most states, you are responsible for all credit card debt incurred in your name in a divorce. You will not be responsible for your spouse's credit card debt if it is in their name only. In community property states, if the card originated during the marriage, you are responsible for 50% of the debt.
How does a postnup work?
A postnuptial agreement spells out how a married couple will divide their assets in the event of divorce. Couples may sign a postnuptial agreement to protect an inheritance, provide for a stay-at-home spouse, assign ownership of a business, repay a parental gift, or salvage a marriage.
How much does a postnup cost?
The cost of a Postnuptial Agreement can vary widely, roughly between $550 and $10,000, if an attorney is drafting one for you.
Is there anything better than a prenup?
Business owners and families of wealth should know that a properly structured trust can be a very effective alternative to a pre-nuptial agreement. Preparing for your child's wedding should be a joyful experience, so it should come as no surprise when a family business owner avoids bringing up a prenuptial agreement.
Do postnups hold up in court?
Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.