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Phoenix AZ Family Law Blog

Thursday, October 25, 2018

When You Didn’t Get a Prenuptial Agreement Before the Wedding

Is it too late for a marital agreement after the wedding has happened?

Marital agreement attorneys understand that many happily engaged couples don’t put prenuptial agreements on their pre-wedding “to do” lists.

Nothing kills a happy engagement period like talking about getting divorced while registering for China before you even walk down the aisle, but for many couples—not just celebrities--it’s the responsible thing to do. Second (or third or more) marriages are often good examples of couples who may benefit from marital agreements since there are often children from earlier marriages who spouses may want to provide for using certain assets.

The good news is that couples who didn’t get, but should have gotten, prenuptial agreements can correct the problem after the wedding by entering into a post-nuptial agreement.

Recently, Lisa Marie Presley, the only child of the late King of Rock, Elvis Presley, scored a legal victory in her divorce when a judge ruled her post nuptial agreement to be “iron clad” and held that she did not have to pay any spousal support—also known as alimony-- to her ex-husband.

In addition to financial battles, Lisa Marie reportedly filed for primary physical child custody of the couple’s 10-year-old twins. Sources say “the $100 million fortune she inherited from her father’s estate had dwindled down to just $14,000”.

Spousal support is financial support paid by one spouse to the other under the terms of the divorce agreement, but it does not apply in all divorces. Sometimes it may be a bulk payment, but often is a continuing payment obligation with or without a specified ending point.

Some of the factors the court considers when deciding if alimony is appropriate include:

  • the length of the marriage
  • the marital standard of living
  • the age, employment history, and earning capacity of the couple
  • the physical and emotional health of the intended recipient spouse
  • the ability of the intended payor spouse to supplement the financial needs of the other.

If you have questions regarding pre- or post-nuptial marital agreements, spousal maintenance, or any other family law matter, Cohen Family Law can help. Contact us today to schedule a consultation.

From our office in Phoenix, we help families in transition throughout Arizona including Mesa, Glendale, Surprise, Scottsdale, Chandler, and Tempe.


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