Why Same-Sex Couples Should Have Prenuptial Agreements
Written by: Megan Dell
Across the country, courts have been addressing the constitutionality of laws prohibiting same-sex marriage, and the United States Supreme Court will soon decide that issue. In the meantime, same-sex couples are now able to get married in many states, including South Carolina.
Many partners in same-sex relationships have been building shared lives together for some time, without being able to get married and receive the legal protections that marriage can provide. Any assets acquired prior to marriage are generally considered to be owned individually, and are not considered part of the marital estate to be divided in the event of a divorce.
Though same-sex couples are now able to get married, any assets or debts from before their date of marriage are likely to be considered premarital and separate property. If a same-sex couple divorces later, those assets and debts might not be addressed in South Carolina Family Court.
To avoid this potential problem, same-sex couples who are planning to get married can enter a prenuptial agreement that specifies that assets and debts from before their marriage will be considered marital property should they later divorce.
Many people believe that prenuptial agreements are only suited for couples who have significant, celebrity-style wealth. This is one more way that prenuptial agreements can be beneficial for average couples.