This is the first post in a series of articles which will address the topic of why spouses may wish to obtain a postnuptial agreement in Las Vegas, Nevada. I feel it is necessary to address this topic due to the fact that many people may be confused about how such agreements work in our state. Nevada is a community property state. This means that upon divorce, each spouse is entitled to half of the assets and is equally responsible for the debts acquired during the marriage. The goal of my coming articles is to provide information which will help people better understand if a postnuptial agreement is right for their situation. It is also my goal to provide information which will assist with the selection of a family law attorney. If you are in need of assistance then contact my office today to speak with a lawyer.
I will be discussing several topics over my coming articles. The topics which I will address include:
- What is a postnuptial agreement
- When spouses may wish to use a postnuptial agreement as opposed to a legal separation
- Ensuring your postnuptial agreement is enforceable
- How to conduct yourself after signing a postnuptial agreement
- How a postnuptial agreement can help with IRS problems
I feel it is necessary to write about these topics for several reasons. First, postnuptial agreements, like “prenups”, allow married couples to protect themselves and their assets if they were to later get divorced. Many couples are unaware that they can sign such an agreement after they get married as opposed to before. Second, Nevada is a state which allows for the legal separation of married couples. Postnuptial agreements, however, can be used to protect parties in the event that they go their separate ways without filing for divorce or a formal separation. Third, it is important that your postnuptial agreement be enforceable. Provisions in postnuptial agreements which discuss child custody, for example, will always be unenforceable. Fourth, it is important to remember that after a postnuptial agreement is signed, you should try not to commingle each of your funds. This may make it difficult to determine each other’s property in the event you split up. Finally, postnuptial agreements can help alleviate potential tax issues. Since wages are typically considered marital property, the IRS is able to hold both spouses responsible for one spouse’s failure to pay their taxes. However, the IRS does recognize postnuptial agreements and they can be used to prevent this from happening.
I cannot overemphasize the importance of talking to an attorney if you are newly married. Many people do not know that you can sign an agreement to protect yourself and your assets after marriage. It is important to retain counsel if you plan on doing so. By retaining counsel, however, you will ensure that your interests are fully protected. I am a Las Vegas family law attorney who devotes her practice to the handling of domestic relations law. I am experienced in handling prenuptial and postnuptial contracts. If you are in need of assistance then contact my office today to schedule an initial consultation.