According to the retirement expert on the
Equifax Personal Finance Blog, a pre-nuptial agreement is especially important for seniors as they enter their second (or third…or fourth…) marriages. In his article “
Pay Now or Pay Later: Why You Need a Prenup,” expert Dan Solin reports that a higher percentage of these marriages among seniors end in divorce than marriages in the general population. If you’re perusing this blog because you’re ready to tie the knot (again) and move with your new love into a resort-style retirement community, you may want to take care of some other matters first.
Solin says that, depending on your location, state laws may give your new spouse certain rights in the case of your death, even if you have provisions in your will or trust that conflict with what the laws provide. By being open and honest about your assets and your wishes before your marriage, you can avoid heartache for your heirs.
Solin gives guidelines for setting up a prenuptial agreement, including seeking professional help from a family lawyer with considerable experience setting up prenups in your state. You should create a situation that’s fair to both parties, or the courts may not uphold it. And, perhaps Solin’s most important advice in terms of investing in a home together – once you have a prenup, don’t set up other legal documents that undermine it. He specifically says to avoid a real estate title with a right of survivorship that would automatically transfer property to your spouse if you intend to leave the home to your children.
For Solin’s other recommendations related to prenups, retirement, investing and other matters important to seniors, visit the
