Retirement mistake no. 9: Remarrying without a prenuptial agreement

Daniel Solin

Sep 13th 2009 at 2:00PM

Text SizeAAA

Retirement mistake #9 is getting married a second time without a prenuptial agreement.

If your first marriage ended in divorce, I suspect I'm preaching to the choir. You now know that you should have had a prenuptial agreement in place for that marriage.

A "prenup" is even more important the second time around. You're worth more. You probably have children who are less than thrilled about your new partner and the effect this relationship could have on their inheritance.

Prenups can protect one spouse when the other is strapped with financial obligations like college tuition, child support, and caring for elderly parents. It can provide that each party will take financial responsibility for the children upon the death of the parent.

A significant benefit of a prenup is that it can limit or waive the other's right to a statutory share of each other's estate.

Don't try to save money by drafting your own prenup. You each need to have experienced legal counsel. Be totally forthright in making full financial disclosure to your spouse. Otherwise, you might find the prenup is not enforceable.

See all ten of the biggest money mistakes a retiree can make.

Dan Solin is the author of the newly published book, The Smartest Retirement Book You'll Ever Read (Perigee Books 2009). His prior books include the New York Times bestsellers, The Smartest Investment Book You'll Ever Read and The Smartest 401(k) Book You'll Ever Read. See SmartestInvestmentBook.com. Read more about Dan Solin.

Reader Comments (Page 1 of 1)

9-14-2009 @ 6:09AM

Joan said...

I have 3 grown children and 3 grandchildren from a prior marriage. I also stand to inherit quite a substantial amount when my mother passes away. My question is, in the event of my death, is my husband automatically entitled to any of the money that I inherited?? Can I will all of the money I inherit to my children and grandchildren without including him. I do NOT live in a community state. I live in TN.
Thanks,
JS

9-14-2009 @ 6:11AM

Dan Solin said...

You need to consult with a lawyer in TN. The laws differ in each state.

9-17-2009 @ 3:48PM

vbadkbottomline said...

Read # 9

9-17-2009 @ 5:49PM

Maddog said...

Everyone should have a prenup. When you are about to marry you should face the fact that every relationship you have had with the opposite sex in the past ended in failure. Maybe this one will be the one that lasts but only time will tell. If your intended balks at a prenup, maybe this should tell you something. Lasting relationships are more than that tingle in your tummy.

Add your comments

Your comments:

Remember me

E-Mail me when someone replies to this comment

Please keep your comments relevant to this blog entry. Email addresses are never displayed, but they are required to confirm your comments.

When you enter your name and email address, you'll be sent a link to confirm your comment, and a password. To leave another comment, just use that password.

To create a live link, simply type the URL (including http://) or email address and we will make it a live link for you. You can put up to 3 URLs in your comments. Line breaks and paragraphs are automatically converted — no need to use <p> or <br /> tags.

Interest Rates
5/1 ARM	+4.06%APR: +3.75%
30 Yr. Fixed Mort.	+5.03%APR: +5.16%
$30K HELOC	+8.00%APR: 0.00%
30 Mo New Car Loan	+6.77%APR: 0.00%
1 Yr. CD	+1.57%APR: +1.58%