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Protecting Your Rights In Family Matters

How can a prenup provide for a nonworking spouse?

| Jul 1, 2021 | Divorce

A couple about to marry has a lot of decisions to make regarding their future. In some cases, both spouses have a job but one of them wants to stay home and care for any children they will have. This will be an important life decision that could have implications if the couple divorces.

The problem is that the nonworking spouse may have to find a job after the divorce is complete. This is an issue some couples address in a prenuptial agreement so that a spouse feels more comfortable giving up a job to stay home.

Why finding a job could be difficult

Say that you decide to leave your job to raise your children. If you and your spouse decide to end your marriage, years may have passed since you had departed the workforce. By the time you try to find a job, you might learn that you do not have the job skills that employers are looking for.

As a result, you may have to take a lower paying job which might not be enough to sustain your lifestyle. Another option is to go back to college or school, but you might lack the money to finance an education.

How a prenup addresses this issue

FindLaw explains that couples can use a prenuptial agreement to provide for a spouse who might face trouble getting a new job. It can involve giving the nonworking spouse a special compensation in the form of a large support amount. You might also decide to provide money for job training or college education.

Provisions like these may make your spouse feel confident about signing a prenup and about your marriage in general. It might also diminish the chance that a divorce judge awards your spouse a large support amount since you have already provided for it.