Why LGBT Couples Should Sign A Prenup Before Celebrating Marriage Equality

LISA SCHMIDT | Between the Lines | Pride Source | December 10, 2015

FERNDALE – Now that the Supreme Court opened marriage to LGBT citizens across the country, record numbers of LGBT couples are tying the knot. But years of being denied marriage equality will continue to affect these couples, particularly when they divorce. That’s why it is so important for LGBT couples to sign a prenup before they say, “I do.”

A prenuptial agreement is a contract entered into before the start of a marriage. It can set out what will happen during the marriage and provide a guide for what happens in the case of death or divorce. Prenups can be used to protect spouses, businesses and children, and can be written to benefit the less privileged spouse.

Take Jack and Steve, for example. Jack is a photographer whose business makes some money, but he generally relies on Steve, a bank teller, to pay most of the bills. Jack and Steve have been together for 18 years. For the last 12 years they have lived in a home that Steve purchased, but that Jack maintains. The couple got married after the Obergefell v. Hodges Supreme Court decision in June 2015, but now things are falling apart.

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