Have you been married more than once? Welcome to the club.
Marriage and money can be a tough mix for any marriage. Complications only increase when you enter wedlock with kids, homes and property from prior marriages.
One of our readers — JG — asks the following:
You seem to always find answers to many of life’s matters, so I’m going to see if you can give me advice about a second marriage. How should a couple handle moving into a home owned by either one of the partners and doing finances together? How should the new couple handle putting a life together for themselves? Thanks.
As it happens, JG, you came to the right place. Not because I’ve studied this topic, but because I’m living it.
I just celebrated the fourth anniversary of my second marriage. (Technically, it’s my third, but the first was so short I don’t count that one.)
Here’s the skinny on mixing money and marriage, whether it’s your first or fifth time around.
Is there a prenup?
Financial adviser Suze Orman has said that everyone should have a prenuptial agreement, calling it “a sign of incredible trust and financial openness.”
To put it politely, this statement is hogwash.
A prenuptial agreement is a legal document whose purpose is to divide assets in the event of divorce. Calling it a “sign of incredible trust” is oxymoronic. These agreements are also expensive, typically costing several thousand dollars and up.
That being said, there are at least two instances when you do need to consider a prenup. One is when one partner comes into a marriage with a great deal more money than the other. Another is a second marriage, especially if there are children from a previous marriage.
Whether there’s a prenup is an important question, because it sets the stage for how you’ll lay your financial foundation. For example, JG asks, “How should a couple handle moving into a home owned by either one of the partners?”
Before Sara and I married, we got a prenup. I bought the house we live in and built this business long before we met, so the prenup designates these things, along with my retirement accounts and other stuff, as my separate property. But since that’s the case, I pay the expenses associated with these things, such as the mortgage and the costs associated with maintaining and upgrading our home. That’s only fair.
If we needed both incomes to pay housing expenses, however, what would be fair would be for Sara to build equity in proportion to her contributions.
In short, if you have a prenup, use it as a financial road map to help determine who’s responsible for what. If you don’t, simply sit down and discuss what’s reasonable. Come to an agreement, and if possible, make it legal. (You can do a prenup after marriage. It’s called a postnup.) If not, try to at least write it down so you’re both clear.
Want to create a prenuptial agreement? Here’s a way you can do it online, saving both time and money.
As Sara and I were putting together our prenup, I was also putting together a new will. This is super-important, especially in second marriages.
Why did I need a new will? First, my old one still had my former wife inheriting the bulk of my estate, something I’d let slip. In addition, I needed to make sure in the event of my death that my property would go where I wanted. In my case, that was primarily to my new spouse, but in many second marriages that’s not the case.
Example: Say you are a woman who inherited your mother’s silver, which she inherited from her mother. Upon your death, you want that silver to go your daughter. Now, you enter into a second marriage with a man. Three weeks later, you die without a will. As your spouse, your new husband automatically inherits the silver. While he’s free to give it to your daughter, he’s also free to take it to the pawn shop and go play the ponies.
If you don’t care what happens to your money or stuff in the event of divorce or death, you don’t need a prenup or a will. The more you care, the more you need to have your wishes reflected in a legal document.
While prenups are expensive, wills aren’t. Everyone should have one, whether they’re rich or not so rich, and whether they’re on their first marriage or their umpteenth.
By the way, you can create your own Last Will and Testament for a fraction of time and money through our online legal partner, RocketLawyer.com.