Similar to wills, prenuptial agreements control property division when a marriage ends with one person passing away or in divorce.  But what happens when a couple divorces without a premarital agreement? At Everett Cuskaden & Associates in Honolulu, HI, seasoned divorce attorneys know the answer is often, “It depends.” Here, they discuss what couples may experience when they have not signed an agreement before saying “I do.”

Divorce Without a Prenuptial Agreement

Assets

Divorcing spouses without premarital agreements can expect state law to determine how to divide assets they accumulate during marriage. In Hawaii, courts apply principles of equitable distribution to all marital property, which means all property can be considered for division between the spouses, even if only one spouse is listed as owner of a house, car or financial accounts.

Debts

As with assets, debts acquired during the marriage may be divided between the spouses. Responsibility for student loans, mortgages, tax bills, medical bills, and credit card debt may be allocated between a couple going through divorce. Divorce attorneys often help spouses negotiate agreements on asset and debt division that courts will accept, rather than leaving the decisions to judges.

Inheritances

One or both spouses may have children from previous marriages or relationships and the couple may have children born during their current marriage. Without prenuptial agreements, divorcing couples need to make it clear which child or children will receive each spouse’s family property. Couples or their divorce attorneys may use mediation as a dispute resolution alternative.

With 35 years of family law experience, the firm of Everett Cuskaden & Associates is well-prepared to draft prenuptial agreements and represent spouses who do not have agreements in place. Before you make your marriage vows or file for divorce, consult an attorney at Everett Cuskaden & Associates in Honolulu, HI. Call (808) 545-1331 to schedule a confidential consultation and visit their website for more information about their practice.