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Prenup Term Sheet

Instructions: Please complete this term sheet alone. This will be used to help you and your lawyer understand your specific desires with your prenuptial agreement. If you have any questions while filling this out, please contact us at [email protected]

What is your name?

Provide an answer between 1 and 10 for each question. You can also provide additional text context.

Imagine one partner uses their own funds to buy something major during the marriage (e.g. car or house), but both partners use it regularly. What feels most fair?

1 = The partner who bought it should retain full ownership

10 = Both partners should have an equal stake in it

If someone owns a business, how much of the business should be marital property, e.g. shared with the partner.
1 = Nothing should be shared with the partner (i.e. the business owner owns 100%)
10 = 100% should be shared with their partner (e.g. the business owner owns 50% and the partner owns 50%)
If someone steps back from their career to care for family (e.g. raise children, provide care to an aging parent), how would you and your partner want to provide support for each other?
1 = Partners have no obligation to cover the other’s living costs, retirement, or lost income.
10 = Partners fully cover the other’s living costs, retirement, or lost income.

Terms of the Agreement

How do you and your partner want to handle money that you bring in the marriage? By law, money or assets acquired during the marriage is considered marital property.
How do you and your partner want to handle money you make during the marriage? By law, money or assets acquired during the marriage is considered marital property.
How do you and your partner want to handle any business interests during the marriage?
How do you want to handle spousal support in the case of a separation?
By law on party may be entitled to receive spousal support (aka alimony) from the other party if there is a difference in the parties' relative economic circumstances. Typically, if there are expectations or trigger events, like having children, caregiving to aging parents, injury, or career changes, couples can choose to modify or keep spousal support as the default state law.

Couples can agree to waive their right (either or both parties) to receive spousal support from the other party in the event of a divorce or separation; however, keep in mind, the court has the discretion to override a spousal support waiver if they find it would be "unconscionable" to enforce the waiver against a party, based on the circumstances present at the time of the divorce or separation.