Why the Working Girl Needs a Prenuptial Agreement to Protect Her Assets

Prenuptial Agreements are not just for successful men who marry the plastic trophy wife. ‘Working girls’ in today’s era of independence need to protect their assets before they let love carry them away. It’s important to consider a prenuptial agreement not only where you own a company but also have a professional career which generates a good living. 

Under New York Law, Maintenance (commonly known as alimony) as well as equitable distribution from assets, are gender neutral awards typically awarded to the less monied spouse. Maintenance is meant to get the spouse back on their economic feet whereas equitable distribution is supposed to be their cut of the spoils accumulated during the marriage. Because our society is used to seeing it awarded to the Chanel bag carrying diva, we forget that the productive female in the marriage is just as susceptible to being required to pay her husband even if the couple does not have children. 

The concepts of maintenance and equitable distribution are founded on the principle that the marital relationship is an economic partnership. Your spouse’s emotional support, and sometimes, giving up of their career, or never starting one, is allegedly a source of your success. Where a wife in a childless marriage spent most of her time accompanying the husband to his various business social activities, this was considered in awarding her maintenance. The couple sets the rules for their relationship. In one case, the wife may choose to stay home and raise a family and run a household. In the other, the wife is the husband’s arm candy. They both serve their role. The husband can also serve that role. This same concept applies to same sex couples. 

If you are concerned about protecting your assets by prenuptial agreement or postnuptial agreement with a willing spouse, or are preparing for a divorce, contact Diana Mohyi Attorney at Law to provide you reliable advice and strategic assistance. 

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