Tuesday, August 16, 2016

Why the Lower Wage Earner Should Request a Prenuptial


While it is certainly the case that I have female clients who earn more than their husbands, it is much more common, especially in a second marriage that the husband is the larger breadwinner. This reality is impacted by the fact that often the second wife is younger than her husband and therefore she didn’t have as a long an earnings history as her husband.

Especially for second (and subsequent) marriages, there are many reasons why the older, more established and financially secure spouse (husband) would want a prenuptial agreement. As the relationship deepens and the discussion of marriage ensues, broaching the subject of a prenuptial is front and center on the top wage earner’s mind. After all, his friends, relatives, and counsel all have his ear. Regardless how secure he feels in the relationship, there are still these voices in his head that come from these external sources which may make him question how much her interest in marrying him is related to financial security.

Instead of waiting for him to initiate the conversation, I suggest that it is in the best interest of the wife to suggest the prenuptial agreement before he does. After all, it is likely the million-pound gorilla underlying the wedding plans. I admit that there is some reverse psychology behind this suggestion. However, it could put the wife in the driver’s seat. He may be astounded that this was her idea which could make him agree to a whole lot more in the agreement than he would otherwise.  If there is going to be a prenuptial in any case, it is best to position oneself in the most opportune negotiating stance.

Incorporating psychology and outside the box thinking are what I most enjoy about my marital and divorce financial planning practice.

 

 

 

Divorce financial planning is a fee-only process that does not involve investment advice or securities transactions. All information provided herein is financial and educational in nature and should not be relied upon as legal or tax advice.  You should consult with your tax advisor or attorney regarding specific tax issues.