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"