Do Same-Sex Spouses Need a Prenup?

If you saw any news coverage starting Friday, you saw many joyous same-sex couples getting married as soon as it because legal in Arizona. Many had waited what seemed like an eternity to marry.

But, as a family law attorney, I say, “Not so fast!” It is critical that all future spouses take the time to have a meaningful discussion as to whether they should get a prenuptial agreement. There may be no greater group that needs this legal protection than same-sex couples.

Many same-sex couples have been together for years and have joint assets and debt. They have created a family financial situation that worked for them while they were not under the jurisdiction of Arizona law regarding any possible splitting up. That all changed on Friday.

Now, if a same-sex couple gets divorced, they will be treated like all other divorcing couples – meaning that it is the duration of marriage that defines when assets and debts accumulated, and determines valuable rights to support. It may be that the long-awaiting couples really don’t want Arizona law to apply to them regarding their finances. If that is the case, it is critical that all spouses consider entering into a prenuptial agreement that provides exactly what the spouses want to occur in the event that their long-awaited marriage comes to an end.

Bottom line: If you are considering getting married, it is worth considering getting a prenuptial agreement.

More: "Premarital and Cohabitation Agreements in Arizona"

My Lawyer Says I Need a Parenting Coordinator?

Many times parents who meet with me as a Parenting Coordinator say, "My lawyer says we need you. I don't know what you do that my lawyer doesn't want to do (or can't do, or is too expensive, or fill in the blank). I then review the Order of Appointment with the parents and discuss the role of the Parenting Coordinator, including what the Parenting Coordinator can and cannot do.

Leah Pallin-Hill, a retired commissioner and mediator, has written an excellent article explaining the Parenting Coordinator process. Leah has graciously allowed me to post her article to my blog. If you are considering using a Parenting Coordinator, this article gives valuable information on what to expect with a PC.

More about Parenting Coordinator