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Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
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    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
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    • Wills
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  5. Why should older couples consider prenuptial agreements?

Why should older couples consider prenuptial agreements?

by [email protected] | Jun 23, 2026 | Prenuptial Agreements

Marriage later in life often comes with more than romance. You may already have retirement savings, property, family duties and plans for the people who depend on you. A prenuptial agreement could help you discuss those matters before marriage, when both partners may have more room to speak clearly and calmly.

Your retirement savings may need special care

At this point in your life, you may have already spent decades building your financial base. Retirement accounts, pension plans and investment portfolios usually represent years of work and saving. You may also own a home, business interests or other valuable property.

A prenuptial agreement could help clearly designate your intention for these assets to remain your sole and separate property. Crucially, it could also allow you and your future spouse to opt out of Arizona’s default community property rules, allowing you to establish that specific earnings, investments or assets acquired during the marriage will be treated as separate rather than becoming jointly owned.

Children and responsibilities may affect the discussion

Older couples often have adult children and grandchildren from prior relationships. You might want certain assets to pass to them later, especially if those assets came from family property, earlier savings or a prior estate plan.

You may also have other obligations that affect your finances, such as:

  • Supporting grown children
  • Helping aging parents
  • Paying education costs
  • Honoring prior estate plans
  • Managing household costs

It might be beneficial to decide on how these duties will be fulfilled before marriage rather than after a conflict arises.

Health care costs deserve early consideration

As you age, medical bills and long-term care costs may become more important. These costs could place stress on savings, property plans and household finances. Consider using a prenuptial agreement to define how you and your spouse might divide or reimburse medical bills.

A prenuptial agreement could serve as a practical way to plan for the future. Clear expectations could help protect what you have built while giving your marriage a steadier start.

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