Sunday, September 7, 2008

The Wide World of Prenups

Reading It’s Not Your Mother’s Prenup lead me to a very interesting article, Prenuptial Agreements to Lose Weight, Have Sex. This paragraph needs thought about by anyone thinking of dealing with more than assets and money in a prenuptial agreement:

But putting something into a legal agreement doesn't mean it's enforceable, attorneys say. Prenuptial agreements generally spell out how a couple will handle their financial assets if they divorce or one of them dies. But in the case of a clause that forbids someone from smoking, for example, "What's the consequence of not abiding by the agreement?" asks Violet Woodhouse, a certified family law specialist in Newport Beach, Calif., and author of Divorce and Money. "You either live with it or you divorce."
But I found this paragraph even more interesting as I have not seen prenups with these clauses:
Increasingly, however, a health-related clause of another kind is finding its way into prenuptial agreements, says Felder, and this one can be enforced. "Now people want assurance that their health insurance will continue if they divorce," he says. With healthcare costs continuing to rise, I guess this should come as no surprise. As I wrote recently, people are getting married for health insurance purposes. Why shouldn't it play a role when they call it quits?
Considering the high cost of COBRA payments and the strength of Indiana's economy, I doubt many in my area can afford this kind of clause.

I suggest reading the comments to the US News and World Report Article. One makes a good point that national health care would remove the need for these kind of clauses. It also should mean the end of COBRA with its high costs to individuals.

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