After acquired property and alimony: the two critical areasTwo critical areas of focus involve property acquired after the marriage and alimony. Most states will not allow custody or child support to be dealt with in a prenuptial agreement, at least not in any enforceable way, as these issues are typically subject to judicial review and approval. Property already owned by a party is generally exempt from marital rights, regardless of whether there is a prenuptial agreement or not, so what the parties acquire in the future, the payment of their joint debts and obligations after the marriage, and alimony commonly constitute the major focus of negotiations.
Specific mattersSpecific matters that can be negotiated include:
- Guarantees of household operating expense accounts,
- Phased in interests in property, such as a marital residence,
- Payment of attorney’s fees,
- Reasonable temporary expenses in the event of a divorce,