Function of Prenuptial Agreements and Estate Planning in Second Marriages

Stats show that numerous individuals will be in a 2nd, third or subsequent marriage. Getting married the second time around is often a lot more complex than the very first time. In addition, partners may see what the worst variation is, based on the loss of the other partner through death or divorce. For that reason, they are typically much more likely to protect their legal and financial interests in subsequent numbers.

Offering Dependents

One common complication in second marital relationships is the presence of kids from a previous relationship. Some of these kids may still be young and reliant on the financial backing of the moms and dad. In other circumstances, the children might now be grownups, however the moms and dad might feel the requirement to attend to the kids in his/her estate plan while also offering his or her brand-new spouse.

More Assets

Another typical element involved in subsequent marital relationships is that the celebrations are most likely to have more properties. They may each own their own house, have considerable savings and have retirement plans in location. This is another reason why a prenuptial contract might be favored in subsequent marital relationships.

Prenuptial Agreements

In order to safeguard the possessions that individuals are bringing into the marriage in addition to properties later got and to protect the interest of kids from a previous relationship, partners may decide to enter into a prenuptial contract. This prenuptial arrangement can define how property is to be categorized and handled during the marriage. If the couple divorces or among them dies, the prenuptial agreement can develop what occurs to the property.

Right of Election

States normally do not enable a partner to completely disinherit his or her spouse. This is public policy based on the desire not to make widows or widowers financially indigent. Individuals are typically complimentary to leave their estate to whomever they pick in the percentage that they want. Under state law, the spouse is typically entitled to certain property and would have the ability to receive this privilege if no will remains in place. The partner typically keeps this right to have the share supplied under the laws of intestacy. He or she can accept that which is left in the will. For instance, many states hold that a surviving spouse is entitled to one-third of the real estate and one-third of the personal effects of the decedent. The law varies in each state with some supplying more than this amount, some basing the share off of the length of the marriage and some using a specific financial value in addition to or in lieu of the portion share.

Housing Matters

In lots of 2nd marital relationships, the deed of the property is only in one name. The partner might wish to keep the home in this style since he or she does not wish to lose it in case the couple gets separated. It might undergo a prenuptial contract. However, if the partners decide that they wish to share in the asset, the couple can re-deed the property so that they own it by joint occupants with the right of survivorship or as tenants by the totality. If they do this, when one spouse passes away, the other spouse will absorb his or her share of the property and be the sole owner even if a will states otherwise.


Other than prenuptial arrangements and the elective share, another manner in which partners are sometimes attended to is by utilizing a trust. The widow or widower might have the ability to get trust distributions from the income of the trust. Once the 2nd spouse passes away, the trust may be worded to supply all staying principal and earnings to the decedent’s children.