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August 30, 2008

It’s Not Your Mother’s Prenup

Posted by Filed under Marital Agreements.

They used to be primarily about how property would be divided in the event of divorce - or death of a spouse.

And perhaps alimony and attorney’s fees in the event of a divorce.

In the old days.

Modern prenups have gotten more expansive … and creative.

He wants guarantees about how frequently they will have sex.

They each want promises that the other will maintain - or lose - weight.

He wants a guarantee she will get pregnant - within a certain number of years, months, days, etc.

She wants a “no smoking pledge”.

And on and on.

Social promises, for a social contract.

Morally binding perhaps. Not legally enforceable.

The sole remedy: take it - or leave it (also known as divorce).

But such provisions are more and more common. Kind of like personalized wedding vows.

One newer promise finding its way into prenups is in the more traditional vein, but updated and enforceable.

A promise to pay or provide health insurance to the other spouse.

This makes perfect sense in times where people are often driven to marriage to obtain affordable health insurance coverage.

Read more in this US News & World Report article: Prenuptial Agreements to Lose Weight, Have Sex.

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