Should I get a prenup to protect my income from being considered in my future spouse’s child support obligation?


Errantly, many single parents or significant others of single parents believe they need a prenuptial

agreement before moving on to marriage in order to protect themselves, and their significant other,

from an increase in court ordered child support.


For child support, the court only looks at the income of the parent/payor, and does not consider the

income of any other family or household members. If you only want a prenup to protect your income

from being considered for your spouse’s child support obligation for children from another relationship,

you do not need one.


There are many reasons why a prenup would be appropriate prior to entering into a marriage. Some of

the more common reasons to choose to do a prenup are to:


1. Limit exposure to alimony in the future, particularly when one spouse has substantial

income or assets;

2. Provide for children’s inheritance (particularly in second marriages); or

3. Maintain an asset as a separate asset, not subject to division in a dissolution, for

example if there was a business or a home that was owned prior to the marriage.

If you choose to do a prenup, each party will need to hire a separate attorney to guide them through the

process. If you are considering marriage and would like to protect your assets, please contact my office

at 813-254-0156 to schedule your consultation.