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.