You can write whatever you want in the prenup, but as soon as she gets a divorce lawyer, it all goes out the window. You're kidding yourselves to think that you can enforce an agreement that runs against state law.
Like I said, you don't need a prenup if you don't have assets, and wealth earned during the marriage is pretty much always considered joint property, like it or not.
Come back and argue with me after
you get
your law degree.
http://www.legalhelpmate.com/prenuptial-agreement-faq.aspx
Who uses prenuptial agreements?
The prenuptial agreement is used largely by individuals who are marrying for the second time and have assets from a previous marriage which they want to preserve for their children from that marriage. The other large category, probably because many people are marrying later for the first time, includes individuals marrying for the first time who have been in the work force for a period of time and have built up assets that they do not want to lose in the event of a divorce. In addition, some individuals may want prenuptial agreements to limit not only the distribution of assets, but also the amount and duration of support that one party can receive from the other.
* High net worth individuals – Persons with considerable cash, stocks, bonds, mutual funds certificates of deposit or other investments.
* Property or business owners - Persons with significant real property such as rental income property, or persons who own sole proprietorships, partnerships, small businesses, corporations or professional associations.
* Professionals - Persons with professional degrees or licenses, because these are considered assets that produce income.
* Investors - Persons with sizeable savings in 401(k) plans, defined benefit retirement plans and profit-sharing plans, or who want to safeguard inheritances and gifts.
* Persons with children of a former marriage - Persons marrying for the second or third time may want to guarantee that most of their assets are passed on to their children of a former marriage in case of divorce or death.
What is considered "separate" assets vs. "marital" assets?
When a couple divorces in some states, each party keeps his or her separate property (so long as it was maintained separately during the marriage and not commingled with marital funds). If the parties have not reached an agreement, the court divides the marital property in the proportion that it deems "just" after considering all relevant factors. If you entered the marriage with a house or investment portfolio or an inheritance, and kept title to those assets separate during the marriage, these assets will be considered your separate assets and not subject to division. HOWEVER, the increase in value in those assets during the marriage, as well as any assets purchased with income from your original assets, will be considered marital property and subject to division upon divorce.
Keep in mind as well, that income contributed during the marriage to a retirement plan (such as a 401(k)) would be considered marital property. Further, the increase in value of your retirement account during the marriage is marital property. Consequently, upon divorce, the court could grant your spouse certain rights to your retirement plan account.
