Ask for in a Prenup
Written by Michelle N. Ogborne

What Should a Woman Ask for in a Prenup?

Prenups are legal contracts before the marriage that safeguards women and men should the marriage end in divorce. The biggest stereotype is that prenup are between the wealthy older man and his younger trophy wife. That’s just not true, couples are delaying getting married and women are getting married with more assets than 20 years ago and women require prenups more than before.

  1. Premarital property. Any property you bring to the marriage is considered marital property. If you purchase a home before the marriage and then you and your husband reside in it, or you use it as a rental. Even though you live in your house together, that doesn’t make it marital and there is not a requirement to add your husband to the title. In addition, the premarital property also applies to retirement. If you have a retirement account prior to getting married, safeguard it with a prenup.
  2. Gifts. Throughout the course of a marriage, typically there are a lot of gifts given and received. Primarily jewelry is gifted to women from men. More than jewelry is gifted to men from women. Prenups can group all gifts to belong to the receiver, letting you keep jewelry separated from the equitable allocation. If not, you’ll see all the jewelry get appraised and split during the divorce.
  3. Alimony. Alimony is sometimes called spousal support and is very particular to each party. We suggest to women that they consider the role they plan to have in the marriage. Are they contemplating they might take time away from their career, forgo their career, or take it down a notch to spend time with the kids and allowing their husband’s career to skyrocket? There is nothing wrong with that, and we think the most critical thing is that being women we realize what we’re sacrificing. You could also agree that each year of your career that you sacrifice, you’ll be offset in alimony payments and additional equitable allocation.
  4. Infidelity clause. Safeguard yourself. If he screws around on you make him pay since most states are no-fault states. In divorce court, you are not going to receive further compensation for his cheating. However, this may be reciprocal, and many husbands are like, “Well, if you get it, I do too.” If you are dealing with a lot of money and specifically if your soon to be husband has a cheating history, we would definitely suggest putting that in your prenup.

In conclusion, you cannot do it on your own. You need to definitely have a lawyer draft your prenup and we recommend that you specifically go to a family law attorney and there are any unanswered questions you can contact our office at


  1. THE TOP 4 THINGS ALL WOMEN SHOULD INCLUDE IN A PRENUP.Florida Women’s Law Group, 9 Jan. 2017,

Ogborne Law, PLC: Arizona Legal Professionals

Is there anything more beautiful than two people uniting to create a unique family? Marriage is an exciting adventure! Together, you can build a good life based on trust and hopes. A prenuptial agreement can be part of your wedding plans, and we want to help you structure one that reflects your love and respect for each other.

Never think you aren’t rich enough to consider a marital agreement. If you have each other, you’re already a wealthy family. A consultation can be free and informative. Contact Ogborne Law to discuss your marital agreement options.

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