Prior to U.S. Supreme Court’s Obergefell decision, which legalized same sex marriage throughout the United States, same sex marriage was not lawful in many states, including Georgia. Now that gay marriage is legal though out the U.S., many same sex couples in Georgia are considering marriage. Although divorce is likely the last thing gay couples consider when contemplating marriage, couples should strongly consider prenuptial agreements prior to marriage. Why? Well, prior to the Obergefell decision, same sex couples in long term, committed relationships often cohabited, commingled funds and assets and sought out other legal means to solidify and safeguard their relationship. Because certain rights and responsibilities automatically attach with marriage that may not have previously been discussed or considered, gay couples should consider entering into a prenuptial agreement to ensure both spouses have equal expectations and are protected in the unfortunate event of divorce.
For example, ante-nuptial agreements (commonly referred to as a prenuptial agreement or “prenups”) help couples determine how assets and debts will be divided upon divorce. Additionally, with a prenup a couple can determine upfront whether alimony will be awarded upon divorce, and if so, how much. Finally, because couples must disclose specifics about all assets or debts to be covered by the agreement, prenuptial agreements also help to maintain financial transparency between couples. To learn more about prenuptial agreements in Georgia, and how entering into a prenup may be beneficial for both you and your future spouse, see our article addressing Prenuptial and Postnuptial agreements in Georgia. If you have already decided that a prenup is right for you, contact our family law attorneys are Meriwether & Tharp today to get started.