One’s rights to share in a portion of a spouse’s assets differ from state to state, and, perhaps more importantly, are different if the marriage ends in divorce versus if death does them part. Upon a party’s death, there may be a guaranteed minimum distribution to a surviving spouse, and it may include not only assets accumulated during the marriage but prior to the marriage as well. Particularly if either party has accumulated assets, and if there are any children from a prior relationship, discussing plans for a party’s estate can be essential while the person is alive.
There is a lot of planning that can be done both before and during a marriage. Two commonly known forms of planning may include the use of life insurance and naming a contingent beneficiary of a retirement account (which for certain types of plans, pursuant to federal law may automatically be one’s spouse if that interest has not been waived). Additionally, in New York, for example, prenuptial agreements can provide for the parties’ rights and obligations upon the death of a party, in addition to the careful consideration that goes into planning for the possibility the marriage ends by divorce.
Sharing the future should involve sharing goals for each party’s financial future, including the possibility or even likelihood that one of them outlives the other. Listening to and accommodating each party’s goals is important – some want to provide for surviving children or other family members, or charities. This is why it is also important to work with an attorney who understands all of the financial and non-financial complexities of negotiating a contract that deals with both death and divorce so that the couple’s financial concerns are addressed without impacting this joyous time for them and their families.