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Americans are taking a cautious approach to marriage and are seeking more
prenuptial agreements before walking down the aisle.
And it is not just the wealthy and famous who are looking to safeguard
their assets when a marriage crumbles.
More women and middle-class couples are opting for prenups, which can also
include adultery clauses, protection of retirement benefits and even custody of
the dog, according to the American Academy of Matrimonial Lawyers (AAML), which
represents more than 1600 lawyers.
"It's a planning tool. Given that half of marriages end in divorce it makes
sense to plan," said Marlene Eskind Moses, the president of the AAML.
Nearly three quarters of members who responded to the AAML poll reported an
increase in prenups in the last five years, and more than half said more women
are seeking the legal agreements.
Once thought of as only for the rich and famous, prenups are appealing to
all income levels but for different reasons.
"Sometimes it can be a prenuptial to protect against debt so that one is
not responsible for debt their spouse accumulated before the marriage," Moses
explained.
The legal agreements can also include clauses on financial arrangements
such as budgets and whether the couple will have separate bank accounts.
More women are working now than in previous decades and they are earning
higher salaries. Women comprised 46.8 percent of U.S. workers in 2009, according
to the U.S. Department of Labor and that number is expected to rise to 46.9
percent in 2018.
"In our historically male-dominated culture women didn't control money and
now they need to plan as much as the men. More women have more assets these days
and have more control over funds," said Moses, a family lawyer with 30 years of
experience.
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