It also can set the record straight on what the spouse receives vs. what members from the first family can expect. It s not easy for a newly married couple to determine how the finances would be distributed in the event of divorce or separation. But the agreement doesn t have to cover everything, just some of the basics. For example, if there is a major business or a particular trust fund or upcoming inheritance, the nuptial can address only those items. Another possible clause is a waiver of support.
Couples can agree to waive their rights to financial support.
This means that both parties will have an incentive throughout the marriage to accumulate their own wealth and to pursue their own careers because if the marriage fails, they can only look to themselves for financial support. Such waivers must be fair when made, or they can be set aside. Neither party must be in danger of going on assistance and the rights of a child, born or unborn, cannot be waived. Without such agreements, a community property state can grant the spouses one-half of the marital wealth. In other states, the assets are divided based on an equitable distribution.