A prenuptial agreement can also be used to avoid this 50-50 split as long as the prenup is upheld as legal. With a prenuptial agreement, you can decide how community property is divided in divorce outside of Louisiana’s community property partition rules.
A prenup can state that the income each spouse earns during the marriage will belong to that spouse as separate property or designate specific belongings to one spouse as separate property. When properly drafted, a prenuptial agreement overrides Louisiana’s community property laws.
It’s important to note that a prenup must be legal for it to take effect in a divorce. A prenup can accomplish many things, such as keeping family heirlooms in the family, making provisions for children from a prior marriage, or protecting one spouse from the other’s debts, Louisiana law is strict about what it can’t include. For example, provisions that seem to encourage divorce with a financial incentive can be ignored by a judge, and a prenup can’t address child custody or support.