Premarital Finance Checklist

There are many details to think about when you're planning your wedding. One thing that should not be left to the last minute is your premarital agreement (also known as a prenuptial agreement). It often helps to understand your feelings about money issues before deciding to talk to your fiancé or lawyer about them. This extensive checklist helps you consider all the issues and options for your situation.

Getting Started 

To begin drafting a premarital agreement, you'll each need a complete list of your current assets, debts, and income, as well as any health issues you might have.

Premarital Assets and Debts

You'll each want to make an exhaustive list of the assets and debts currently in your name. Your prenuptial agreement requires this financial information. But it's also good practice to be upfront and straightforward about money matters with your new marital partner. 

Below are some questions to consider when thinking about premarital assets and debts:

• Once you've made your list, how will you handle premarital assets and debts in the event of a divorce?
• Will the assets and debts remain separate property, meaning that they will go back to the person who accumulated them before the marriage?
• Or will your separate property be intermingled with your marital property?
• What if one person's premarital property pays off the other person's premarital debts (i.e., school loans)?
• Will the paying party need to be reimbursed, or is it a gift?
• What if you use premarital property to buy a home you'll own together?
• Will the paying party need to be reimbursed, or is it a gift?

Marital Property

Marital property describes the assets and debts that you will accumulate together once you are married. 

Below are some questions to think about regarding marital property:

• How will you handle the income and assets you accumulate together?
• Will they be joint and 50/50?
• Or will you use another arrangement?

Management of Assets and Income

People tend to be either spenders or savers. Given that opposites tend to attract each other, it's typical for a couple to have very different money styles. That can work out just fine, provided that you each know about the other's priorities and goals - and provided you can work out a way for each person's needs to be met. 

For example, one partner might be concerned about retirement savings and future security. The other partner may feel that money is to be enjoyed and spent on vacations and luxury vehicles as part of a well-lived life. 

Can these styles be reconciled? The answer is yes, of course, provided that you have a plan for what will be set aside for retirement and what's available to use for enjoyment. 

Some questions to ask yourself regarding the management of assets and income are:

• Who will make the financial decisions and handle the checkbook?
• Will you do it together, or will one person be the primary financial manager?
• What about large expenditures?
• Does your spouse need to ask you before buying that plasma TV or designer handbag?
• How will the household bills get paid, and whose responsibility is it to pay them?
• Will you have joint bank accounts, separate bank accounts, or both?
• Do you have similar money styles? With respect to debt? With respect to savings?
• Have you discussed your long-term financial goals and how each of you will contribute?
• What about retirement savings?
• Will the decision-making authority be different for premarital property or debt that belonged to one of you before the marriage?
• How will payments be made if one of you owes spousal support or child support from a previous marriage?
• Do the support payments come from joint property or income, or separate property?
• Would the other spouse want or expect reimbursement for these payments made during the marriage in the event of a separation or divorce?
• What if the obligation is informal—like voluntarily paying for an adult child's college?

Credit and Debt

Have you seen each other's credit reports? Now might be a good time to have a serious talk about credit scores and priorities about paying off old debt or accumulating new debt. 

• Is it likely that either of you might over-borrow? 
• Or refuse to borrow, no matter how much sense it makes to the other person?
• Consider joint credit issues, as well as issues like pledging your home as collateral on a business. 
• What about using a home equity line of credit to fund a business or tide it over in an economic downturn?
• Does either of you have bad credit? Will you and your spouse jointly sign on new credit obligations?
• Are back taxes owed? If so, how will they be paid? Jointly, individually, and from which checkbook?

Working

What are your views on non-monetary contributions, like raising children or managing the household? 

Most states recognize these types of contributions during a marriage. But it's important that you share your attitude and know your fiancé's attitude about these types of roles in a marriage. 

Here are some questions to think about in regards to working:

• What is your expectation about the kinds of jobs and income you will each have?
• Does either of you anticipate a career change at any point in time?
• Some jobs are riskier than others, like firefighters, military personnel, and stunt performers. Changing your job can impact the other spouse, especially if you become disabled from an on-the-job injury.
• Other jobs pay less but are very personally rewarding. Teachers and nonprofit positions typically don't pay very well. How would you feel if your spouse changed careers?
• When do you plan to retire? As early as possible, or do you plan to work as long as you're able?
• Do you anticipate both of you continuing to work after having children? Or would one of you stay home? For how long?
• How will you handle move-away decisions?
• What if one of you was transferred for your work and had to move to another state?
• What if one of you wanted to move closer to their extended family after having children?

Spousal Support and Alimony

How do you feel about spousal support? In most states, the rights to claim support go to both the husband and wife. You don't have to address this in your agreement if you don't want to, but it makes sense to talk about it. 

Some issues you may want to talk about are:

• Will there be any limitations on the amount, terms, and duration of support?
• Do you want to make terms about spousal support or alimony that are different than what your state law allows?
• Do you both expect to work and contribute to the household?
• What are those expectations?
• Even if you think you agree, it's worthwhile to make sure you're both going into the marriage with the same expectations about earnings and work.
• Would there be a circumstance that would lead to one partner not working, such as a health problem or the birth of a child? What about going back to school?
• Does that change your mind about how you feel about spousal support or alimony?

Gifts from Families

Sometimes one set of parents or relatives gives a couple a large monetary gift, loan, or a home down payment. It is essential to make clear what kind of gift this is. 

Here are some questions to ask when faced with this situation:

• Would the family's gift be marital or community property, or the property of the spouse whose family gave the money?
• If it's a loan, who would be responsible for repaying it? How and when? How formal will you be with the documentation if it is a loan?

Being clear between yourselves and your own family will help you avoid conflict in the future.

Taxes

Once you are married, your finances will be intertwined for tax purposes unless you agree otherwise as part of your premarital agreement. It is important to be clear on what your attitudes and opinions are in regards to paying taxes. 

Some questions you may want to ask each other:

• Will you file separate taxes or joint taxes?
• Does either partner have questionable tax deductions or a lighthearted attitude toward filing taxes at all? Does that worry the other partner?
• Is there old tax debt?
• Who will be responsible for that debt - knowing that a refund while married could be seized to pay an old, premarital debt?

Higher Education

Sometimes one spouse will want or need to return to school. This situation may leave one spouse to support the other while he or she pursues a degree. In this situation, communicating each other's expectations is vital.

Some helpful questions to ask:

• Will one of you be attending college, graduate school, or professional school during the marriage?
• Will one of you have to support the other while he or she is in school?
• How will you deal with this sacrifice made by one person if the marriage doesn't work out?
• How will student loans be repaid?
• Would the expectations about income and earnings change if one person wants to go back to school after you've been married several years?

Duration of the Premarital Agreement

It is up to you and your spouse to decide how long a premarital agreement may remain in effect. Couples can ask themselves if their agreement will stand forever or if it will expire at some point.

Some questions to consider:

• Does having children change your opinion on how your agreement should work?
• What about being married 10 years, 20, 30, or 50 years? Would the agreement ever expire or be renegotiated?
• If you separate, does it matter who chooses to end the marriage? Does it matter why?
• Would you want the agreement to be renegotiated at a specific time, like five years after the marriage or after the first child's birth?

Business Ownership

 

If you or your spouse own a business separately, there are special issues you should consider:

• Would your prenuptial agreement include an indemnification on the business debts and taxes — business, personal, back taxes, payroll taxes?
• Are there issues with the type of business entity, like a subchapter S corporation or DBA, and how the corporate spouse determines his or her income?
• Many small corporations have a lot of discretion with how much of the corporation's income is taken as salary or pay for the corporation's officers or employees.
• Do you want to make provisions for a forensic accountant or auditing books in the event of a separation or divorce?
• Do you want to agree on how much income will be contributed to the household and how much might be kept separate?
• What if a premarital business starts a new business venture or subsidiary after the marriage?
• What if one of you works for the other person in a premarital business? There can be many "out of job market" issues, so negotiating your employment terms with your spouse before joining their business is an important step.

Fault

Fault can be defined as who is to blame for the divorce. Fault can be evidenced by such things as an affair, or drug or alcohol abuse, among other possibilities. However, most state laws either won't consider or barely consider fault in dividing property or awarding spousal support in a divorce situation.

Here are some questions regarding fault:

• How do you and your fiancé feel about fault?
• Would it make a difference in your property settlement or spousal support if you felt one person contributed more to the marriage's breakdown than the other?

Death or Disability

You want to have a comprehensive estate plan in place soon after your wedding. An estate plan is particularly important if you have children from previous relationships. It ensures that your assets and debts are handled the way you intend if you were to pass away.

Questions to consider:

• Does it make a difference if you're separated or living apart when one of you dies (even though you haven't filed for divorce), or if one of you dies while you're happily married?
• Does either of you already have children or people who'd inherit from you?
• Do you have life insurance? Life insurance can often be used to protect either the spouse's interests or the interests of your children from a previous relationship.
• Who will you name as beneficiary on your retirement plans, IRA's, and survivor annuity benefits on pension plans?
• Would your prenuptial agreement end on death?
• Will the surviving spouse be able to support the same lifestyle in the event of your death?
• Would either of you have immediate access to funds if one of you dies?
• Will he or she be able to maintain residence if you pass away?
• Are there certain family heirlooms or money you'd like to make sure go to one person's family?
• What would happen if one of you become incapacitated or disabled?
• Would that change how finances are handled?
• What if one of you had to use separate property to support the other person?
• Do you need disability insurance? Long-term care insurance?

The Mediation Option

You may want to consider including a clause in your Premarital Agreement that says you'll mediate any issues that come up that you can't resolve on your own - or that you will seek professional marriage counseling before considering divorce.

Another helpful clause to consider adding to your agreement might state that the two of you will choose to mediate in the event of a divorce; or use a collaborative law or alternative dispute resolution process rather than litigation.