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Home Divorce

How to Protect Your Money in a Divorce

Eric Banks by Eric Banks
September 13, 2025
in Divorce
0

If you keep your finances separate in the course of your marriage, don’t count on them living separately in case you divorce. As CNBC reports, many people expect that preserving bills and assets in their name will protect them in the event of a divorce,  but they’re incorrect. “People will suppose, ‘Well, the residence is in my name, so I get to maintain it’ or ‘I positioned all of my earnings into my separate bank account, so it’s all mine,’” Susan Guthrie, a circle of relatives regulation lawyer and mediator, tells CNBC Make It.

But that’s “100% wrong,” she saysDo not count on your country’s laws; once you get married, you ought to in no way count on your property continuing to be yours if you break up. Some states have what are known as “community property” legal guidelines, meaning any assets earned or bought during the marriage belong to both partners, irrespective of which partner’s name is on the documentation.

However, even if you stay in a kingdom without network assets laws, you may nevertheless be requested to divide savings and belongings with your soon-to-be-ex-spouse, even supposing those financial savings and assets had been saved in separate accounts. This way that in case you want to defend your budget at some point in a divorce, you need to install that protection earlier than you get married.

A prenup, in other words. Remember: a great prenup is designed to advantage each partner. It isn’t only a device for you to mention, “this stuff is mine, and you may never have it.” It’s also a document that lets you clarify what the companion with fewer property or a lower earning ability is entitled to—especially if the decrease-incomes companion is taking over caretaking obligations or running the family. In contrast, the higher-income companion pursues a career.

Ideally, your prenup should feel like a win-win for both parties. If it doesn’t, that might be a trademark that you need to have a few probably difficult conversations with your future spouse, or want to rethink the partnership altogether.

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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