What should I include in a premarital agreement in the military?

On behalf of Furr & Cohen, P.A. posted in Family Law on Friday, January 2, 2015.

Making the decision to join the military is a life-changing decision. Making the decision to get married is a life-changing decision. Just as you would protect your interests when going into the military, you should also ensure you are protected when you are planning to get married. The Office of the Staff Judge Advocate of MacDill Air Force Base in Florida has some points for military members to consider when they are planning to get married.

What is a premarital agreement?

A premarital agreement outlines what will happen to certain assets if you and your future spouse get divorced. As unpleasant as this is to think about when you are planning a wedding, doing so now can help you to ensure your assets are protected if you get divorced.

What is required for a prenuptial agreement?

In order for a prenuptial agreement to be valid, you and your future spouse have to fully disclose all financial information. This includes the value of your assets and liabilities. This must occur so both parties fully understand the impact of the agreement.

What should I include in a prenuptial agreement?

You should include how assets will be divided. You can also agree on how you want assets or liabilities distributed if you die or get a divorce. It can include a waiver of alimony or how interests in retirement accounts will be handled. It can’t include waiving your rights to child support or visitation of a child.

When you are creating a prenuptial agreement, personalized attention must be given to every aspect of the agreement because what is right for one person might not be right for another. Knowing how to protect your rights in a legal way is vital to ensure that you can walk away if the union ends in divorce.

Source: Office of the Staff Judge Advocate, MacDill Air Force Base, “Nuptial Agreements” Dec. 29, 2014