Do I need a prenptial agreement?


#1

I’m 62 and planning on remarrying later this year. Your article" North Carolina Divorce and Division of Property" states (last sentence in paragraph 1) that “Property owned by either party prior to marriage is that party’s separate property, provided that it is not gifted to the marital unit”.
I now own my house and car and have a pension, small IRA and job salary. She works, has little savings and lives with me. If the above statement is accurate, my present assets are protected and remain my property, correct? My CPA buddy differs. Please advise if I don’t need an agreement. She’s 58 and I’m 62 (both divorced). I have no problem with both of us sharing what we earn after marriage but I can’t afford to lose my home or present assets in case if a (albeit improbable) divorce. Would alimony apply here? I would then be living on social security and a small pension. Thanks.


#2

Your separate property, if kept separate in nature, should remain as such, but you may want to enter a pre-nuptial agreement to specifically address these assets and the issue of alimony.