Prenups, like Kelly Clarkson’s, are a game-changer in a divorce

On Behalf of | Aug 18, 2021 | High Asset Divorce

Many people in the Dallas area have a negative impression of prenuptial agreements. They may think a prenup is a sign that you are greedy or are not committed to making your marriage last. They may even think that all prenups are unfair or lopsided to favor one spouse over the other.

However, nothing could be further from the truth. Prenups protect both your interests and your spouse’s interests. Many people, celebrities included, have prenups that serve them well. The divorce of music artist Kelly Clarkson shows just how valuable a prenup can be.

Kelly Clarkson’s prenup will be enforced, court says

Kelly Clarkson faced a rocky road in her divorce from Brandon Blackstock. Clarkson was awarded primary custody of their two children and has reportedly cut all ties with Blackstock. However, in July Clarkson was temporarily ordered to pay Blackstock almost $200,000 in alimony and child support along with the $1.25 million he has spent in legal fees. Moreover, Blackstock sought to have their prenup invalidated and their properties and income Clarkson earned while married divided between them.

However, the judge upheld the couple’s prenup. This resulted in a separation of all assets and income Clarkson earned while married to Blackstock. The couple’s divorce is expected to be finalized shortly.

We can learn a lot about prenups from Clarkson’s divorce

Clarkson’s divorce shows just how valuable a prenup can be. In a prenup each spouse can agree on what assets will remain separate property and what assets will remain marital property. This is important because Texas is a “community property” state. This means that absent a prenup, both spouses have an equal ownership interest in all assets obtained during the marriage.

This can be detrimental if one spouse, like Clarkson, earned significantly more than the other spouse while married or had separate assets that appreciated greatly during the marriage. In a prenup, the couple can state that assets and income obtained while married will be the separate property of the spouse that earned them.

Is a prenup right for you?

You may decide a prenup is right for you if you have significant assets coming into your marriage or you expect to earn a significant income while married. Both you and your spouse can retain an attorney to ensure your prenup is fair and enforceable. This can serve you well both while married and if you divorce.

 

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