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Prenuptial agreement can ease property division for older spouses

For those Pennsylvania residents who are considering tying the knot later in life, drafting a prenuptial agreement is a wise move. Without such an agreement, it is possible to lose a significant portion of retirement savings during property division. That outcome can drastically change one's retirement outlook and can also create a need to live on far less than anticipated.

Couples who walk down the aisle in their early or mid-20s often bring little to the table in terms of retirement savings. Over the course of their marriage, both spouses may contribute to different retirement accounts. If the union should end in divorce, dividing those assets is a fair and equitable approach.

For older spouses, however, they may bring considerable retirement savings into the marriage. Very often, individuals set aside funds for retirement over the course of many years and through many different positions. If a later-life marriage should end in divorce, losing those assets is a considerable risk. In fact, such a loss could force a spouse to postpone retirement for many years.

The best way to protect against such an outcome is to sit down with a Pennsylvania family law attorney and draft a clear prenuptial agreement outlining how retirement assets would be handled in the event of a divorce. Doing so ensures a fair outcome for both parties. If things go as planned, this document will never need to be revisited. However, for marriages that end in divorce, property division will go far more smoothly if a prenup is in place.

Source:, "Can Divorce Destroy Your Retirement?", Wendy Connick, Oct. 13, 2017

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