It is right there in the title: prenuptial agreement, meaning before the nuptials. So, by a very strict definition, once you’re married, it’s too late to sign a prenup. But what happens without one?

The couple still reside near Seattle, and Washington’s marital property laws recognize the concept of “community property,” under which almost all property acquired by either spouse during a marriage is presumed to be jointly owned, and therefore split equally upon divorce. Marital property generally can include:

  • Earnings of either spouse during the marriage (including interest on investments, capital gains, retirement benefits, and other assets);
  • Property obtained with earnings during the course of the marriage; and
  • Property obtained with community funds.

A valid prenup might’ve limited MacKenzie’s access to those assets.

Cleaning Up After the Fact

To be fair, a 50/50 split would be dependent on no existing prenup, and no postnup either. While more rare than prenups, a postnuptial agreement regarding marital property can settle stressful issues regarding money, assets, and debts, and are becoming increasingly common. It’s entirely possible Jeff and MacKenzie came up with some such agreement between 1993 and now.

Also, Washington’s community property laws would only come into play if the couple don’t come to their own marital property settlement agreement during the divorce. “These two have been separated for a not insignificant time” New York attorney Bernard Clair told Reuters, “and I would assume … they would have used the time to reach a private, confidential agreement.”

While it might be too late to sign a prenup after you say, “I do,” it’s never too late to sort out marital property issues, even if you’re still married. And it might save you from parting with a substantial chunk of change in a divorce. Talk to an experienced family law attorney for help.

Related Resources:

  • Find Family Law Lawyers Near You (FindLaw’s Lawyer Directory)
  • 7 Common Prenup Mistakes You’ll Want to Avoid (FindLaw’s Law and Daily Life)
  • 5 Things to Do Before You Get Married (FindLaw’s Law and Daily Life)
  • 5 Potential Ways to Invalidate a Prenup (FindLaw’s Law and Daily Life)

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