Can you prenup future earnings

How might a pre-nuptial agreement affect your divorce? Erin D. DeGeorge Erin D. Share on:. As you know, by the time I was referred to you, I was I just wanted to take the time to thank you for all you have done for me.

As you know, by the time I was referred to you, I was traumatized. Although I had succeeded in being granted a restraining order from my ex-boyfriend, no one had ever warned me that he could appeal the judgment. The appeals paperwork the courts wanted me to submit was intimidating and overwhelming.

And on top of the stress of the domestic violence situation, it was just too much. Then you came into the picture. Your confidence and candor was exactly what I needed. Knowing I had someone in my corner was an enormous weight lifted off of my shoulders. Thank you for always keeping me informed. You gave me all sides, honestly, so that I could make informed decisions when they needed to be made. Everyone in your office that I came in contact with was both friendly and knowledgeable.

I am very grateful to you for successfully defending the appeal of my Domestic Violence Restraining Order. Any business that was started after the spouse married is likely to be considered marital property. A full description of the trust, along with specifics on who will own it, may be enough for a future divorce court judge to allow it to be kept separate as individual property rather than lumping it in with other marital assets.

This is particularly relevant if you live in a community property state. Vague, general language describing some future unknown asset is less likely to be effective.

Just as a future asset can be protected by a prenup if adequately described, future income can also be treated as belonging to one partner but not both. This can be useful if one partner operates a business that initially generates only a small amount of income but can be forecast to provide much more income in the future.

Similarly, if one partner will inherit a family enterprise that generates income, this income can be kept separate if it is carefully spelled out in the prenup.

Future debt can also be handled this way in a prenup. If one of the partners anticipates taking on a large amount of debt down the road, it can be specified that this debt will not be part of the marital estate. Instead, it will be the sole responsibility of the partner who incurred it. If it takes the form of an expense that the person would otherwise have on a personal level, then that can be considered income. Common examples being where the employer pays for a company car which is used in part for personal use , pays percent of health insurance costs, or other things that a person would otherwise pay for out of their own pocket.

This can be argued by the opposing attorney that same should be considered in the overall structure for maintenance or child support. For more information on Protecting Future Assets with A Prenuptial Agreement, an initial consultation is your next best step. Law Offices Of David Bliven. All Rights Reserved. Get Help Now. Follow Us At.