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.
