Reasons To Consider Seeing a Family Law Attorney Before Getting Married 

Whenever you make a major legal decision, like buying a house or taking out a loan, you’re bound to get a laundry list of disclosures. In fact, you even get a list of terms and conditions before downloading an application to your phone. But when people get married, they usually learn things after the deal’s done. Getting married is hands down the most legally significant event because it changes how the state and other government organizations see you.

Unfortunately, few people take the time to understand the legal and financial implications of tying the knot. That’s why meeting a family attorney, or even a Summerlin Divorce Lawyer, before you get married is highly recommended.  Here are a few reasons to consider seeing an attorney before getting married.  

You’ll Learn About Potential Legal Benefits 

Marriage comes with a bunch of legal benefits, but you should also recognize how states like Florida treat marital property. To start off, here are some of the new benefits your family lawyer will tell you about. You can open joint bank accounts, take advantage of family plans for lower health insurance rates, and file together on tax returns. Other marital rights include: 

  • Receiving life insurance claims as the spouse’s next of kin 
  • Inheriting the spouse’s property after they die 
  • Suing for wrongful death on your spouse’s behalf 
  • Making decisions for your spouse in the event that they’re incapacitated 
  • Receiving your spouse’s benefits from government programs or employer organization 

These sound like a sweet deal, but only apply once you and your spouse become one legal unit. How does that stack up against your goals? Did you plan on mixing your finances by opening a joint account, or did you want to have separate accounts to maintain autonomy? Are you okay with all your assets going to your spouse upon your death, or would you prefer some other way to distribute them? 

Talking to a family and divorce attorney can help you clear up the above-mentioned questions. This way, you’re confident in your knowledge of how marriage will affect you and your spouse’s rights. Even if you have different goals, it helps to know about these benefits beforehand. That way, you can apply these them so that they align with your personal goals. 

You’ll Know About Property Rights

When you get married in Nevada, your time, effort, and energy aren’t just owned by you but the ‘community.’ Nevada is a community property state, which means that spouses own all their property equally, regardless of how much income each person earns. In the event of a divorce, each spouse will have equal rights to the income earned or property that acquired during the marriage. By spending time and effort in activities during marriage, such as building a business or investing in stocks, you can gain an interest in marital property. The same goes for your spouse. 

Therefore, it’s a great idea to go over your current property and future plans with a family lawyer. With their expert guidance, you can avoid converting separate property into community property. 

You’ll Understand Marital Obligations

Here’s another thing you may not have known: getting married means taking on additional responsibilities than when you were single. The most important is that you commit to being honest about finances with your spouse. Consequently, you and your spouse can’t hide assets or debts or lie about money. 

Marriage means having a fiduciary responsibility towards your spouse. You must disclose all financial transactions that can affect your marital assets or property. Similarly, both spouses must consent before major financial decisions are made.

This means you can’t secretly spend money or lend money to family members or friends without your spouse’s consent. In fact, even investing your separate money without disclosing it to your spouse is a violation of your marital obligation. As a spouse, you have a fiduciary duty to share the investment opportunity with ‘the community’ before you consider investing with your separate funds. Let’s say you decide to invest without disclosing an investment opportunity to your spouse. That’d be a breach of fiduciary duty and possible grounds for legal action.   

You’ll Get Information on Financial Matters 

When you’re single, you can make money, put it in your bank account, spend it, and check account statements. After getting married, things change. That’s because your income belongs to you and your spouse equally. Also, keep in mind that finances are among the biggest reasons married couples split up. By knowing how marriage affects your finances, you’re less likely to make decisions that affect your property down the line. 

For instance, a family attorney will inform you how community property includes wages from employment, profits from investments, and business profits. Once you’re married, you’ll be equally responsible for debts you take on by yourself or as a couple. Any assets you acquired before or after the marriage become separate property, but there are ways that it can fall under community property.

For instance, if you own a house before marriage and pay for its mortgage with marital income, your spouse will earn an interest in the property. Needless to say, financial matters can get very complicated after you’re married. It’s best to speak with a divorce and family attorney to know how individual assets become community property.     

You’ll Know If You Want A Prenup 

When you think of anyone talking to a family attorney before getting married, the first word that comes to mind is ‘prenup.’ Prenups get a bad rep and often symbolize mistrust, but that’s not necessarily true. Depending on how they’re implemented, prenups allow married couples to engage in open communication and build trust. They also encourage you to create rules and guidelines regarding finances so that they meet both your needs. 

It’s why the law requires couples to want a prenup together – both parties must consent to the agreement. It’s not just a contract but a conversation on how you’ll plan your financial life. Speaking with an experienced family attorney will answer your questions and help you come to a conclusion as to whether or not you want a prenup. 

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