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I live in Tennessee, and my intended spouse lives in Massachusette
Thank you for your information.
Both Tennessee and Massachusetts are known as an equitable distribution states. This means that assets owned prior to a marriage are considered separate property and not subject to division by the court in a divorce.
However, if you put your new spouse's name on the separate assets, they will become marital property subject to division and creditor claims of your spouse.
A prenuptial is useful to avoid later confusion or disagreement in the event of a divorce, death or creditor claim.
To be enforceable, prenuptial agreements must be entered into without fraud, duress, coercion or overreaching. A full disclosure of the spouses' property is required as well as representation by separate counsel. The prenuptial must have two witnesses and be notarized.
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