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Could prenuptial agreements actually prevent divorce?

While preparing to wed, many Florida couples are hesitant to broach the subject of a prenuptial agreement with their soon-to-be spouse. Some feel that discussing the breakdown of marital wealth in the event of a divorce is in poor taste during preparations for the beginning of the marriage. Others are simply unaware of the benefits that prenuptial agreements provide and fail to examine whether a prenup would be a good fit for their needs. Occasionally, a celebrity couple will present a powerful lesson in the importance of having a prenup, as in the case of Megan Fox and her husband Brian Austin Green.

Fox and Green have been married for 11 years and have two children together. The couple filed for divorce in 2015 but have remained close in their roles as co-parents. With the recent announcement of Fox’s third pregnancy, it appears that they couple were closer than most divorcing spouses during the timeframe since the divorce papers were filed. In recent announcements, it appears that the couple are still together and may be working out their differences as they prepare for the birth of their third child.

Because the couple separated last fall, any income earned by either party since the date of filing would typically not be subject to division in divorce. That means that Fox’s earnings from the most recent Teenage Mutant Ninja Turtles movie may remain hers alone. If the divorce were to go through as filed, Fox would have a considerable financial advantage. Absent a prenuptial agreement and in the event that the divorce was called off, any income received by either party would be considered marital property and subject to division.

While it is tempting to speculate about the lives and choices of celebrities, there is no way to know how anyone will move through a divorce. The example of Megan Fox and Brian Austin Green does provide a powerful reminder of the benefits that prenuptial agreements can provide, in Florida and elsewhere. If the couple chooses to move forward with divorce but remain living as a family, that decision could very well be made for financial rather than emotional reasons.

Source: Fox News, “Megan Fox, Brian Austin Green divorcing despite her pregnancy?“, April 18, 2016