Why Mark Zuckerberg needs a prenup
Facebook founder and CEO Mark Zuckerberg
/ Darren McCollester/Getty ImagesIn the wake of the second largest IPO in U.S. history, Zuckerberg is a rare case. But in some ways, he's in good company. The classic picture of a young couple starting their lives together with few earthly possessions is giving way to a more complicated modern reality in which people getting married carry all manner of family and financial issues into the union.
More people are getting married later in life, or for a second or third time. As a result, they have more income, assets, and obligations when they arrive at the altar. So it is no surprise that prenuptial or premarital agreements are becoming a more frequent topic of discussion among to-be-weds.
Dropping the "P-word." Discussing a premarital agreement has all the romance of making out with a cold. The person requesting one prenup may be viewed as a greedy, untrusting, and unromantic clod. "I want to protect myself in case this doesn't work out" is one side of the issue; "If you love me then you should trust me" is the other side.
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Money and marital issues are a notoriously combustible issue. But avoiding the topic because you think it could doom a marriage isn't smart either. It's like avoiding getting a will because you believe it could increase the chance that you'll die. In any case, a frank discussion of money before a marriage is healthy, and in some cases a premarital agreement is in order.
Sign on the dotted line. As a practical matter, a premarital agreement is a contract entered into by both individuals before the marriage. It stipulates how financial assets, income, and obligations will be addressed during and after the marriage. Without such an agreement, the laws of your state will decide these issues, often conflicting with what couples may want. Properly and fairly structured, these contracts can protect both spouses and ensure compensation for non-monetary contributions to a marriage.
The marrying kind. The marital scene is changing. More people are waiting longer to get married. Along the way, they accumulate 401(k) and brokerage accounts, homes, inheritances, businesses, and other financial obligations. Folks are also marrying (and divorcing) several times, often with children from prior marriages to support. So who should consider getting a prenup? You should if you have children from a previous marriage, above-average income, or significant income from unique talents or patents.
Also consider if you own your own home, property, or business or are working toward your professional degree. And if you have or expect to receive significant gifts or inherited assets, definitely look into a prenup.
Check back in a few days when I'll write about what to include in a prenuptial agreement.
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Money and marital issues are a notoriously combustible issue. But avoiding the topic because you think it could doom a marriage isn't smart either. It's like avoiding getting a will because you believe it could increase the chance that you'll die.
If you don't trust and love each other then you shouldn't be getting married in the first place.
All a Pre-Nup is, is a greedy financial adviser's and un-trusting person's personal version of a Credit Default Swap.
"Oh yeah, I love her alright and I'm all for the "for better" part, but you know, I ah, I don't want to actually live the "or worse" part, so I'd like a Newt Gingrich style pre-nup that states I have a 10 year upgrade option with no personal responsibility or penalties.
"In a community property jurisdiction, most property acquired during the marriage (except for gifts or inheritances)—the community, or communio bonorum—is owned jointly by both spouses and is divided upon divorce, annulment or death. Joint ownership is automatically presumed by law in the absence of specific evidence that would point to a contrary conclusion for a particular piece of property.[4] The community property system is usually justified by the idea that such joint ownership recognizes the theoretically equal contributions of both spouses to the creation and operation of the family unit.[5]
Division of community property may take place by item, by splitting all items or by value. In some jurisdictions, such as California, a 50/50 division of community property is strictly mandated by statute,[6] meaning that the focus then shifts to whether particular items are to be classified as community or separate property."