Photo by frank mckenna on Unsplash

I strongly suggest that anyone contemplating marriage in Michigan consult with a family law attorney about prenuptial agreements.  At the very least the lawyer will be able to explain just exactly what you are getting into financially and legally when you get married, including potential future property or alimony issues.  This blog is written to generally address "sunset clauses" in prenuptials in Michigan.  A "sunset clause" in a prenuptial agreement, is a clause that states after a specific number of years or upon the occurrence of some event or events, the prenuptial agreement will cease to be valid and become null and void or at least allows for some alimony or property division to occur if the parties remain married for a set number of years or certain events occur..  

Should I Include a "Sunset Clause" In My Prenuptial Agreement?

The answer is that it really depends on your situation and what your goals are in getting a prenuptial in the first place. Typically prenuptial agreements allow for each spouse to have their own separate property, otherwise basically any property that either spouse obtains during the marriage is considered joint property and is divided equally between the spouses.  In addition, depending on the length of the marriage and the difference between the incomes of the parties (as well as a variety of other factors) one spouse might be entitled to alimony or spousal support, a prenuptial agreement can state that regardless of these factors neither spouse is entitled to alimony upon divorce or separation.  Prenuptial agreements can also control how your assets are handled in the event of death as well.

If you are the person that is attempting to protect your assets or potentially has the higher income, then you are less likely to want a sunset clause in your prenuptial at all or at the very least to set the date for the sunset clause out as far from the date of the marriage as possible.  Also if you have children from a previous marriage, you may not want to have any sunset clause at all in the prenuptial or otherwise put limitations on the clause to protect some specific asset or assets for the children.  For instance, you could potentially agree that the other spouse is entitled to the entire marital home but not any of the other assets that you want to go to your children.  In addition, sunset clauses can be put in stages, for instance after fifteen years of marriage, if there is a significant difference in income or property, then one spouse may be entitled to some percent of the other spouse's property or some form of alimony or other alternative; then after twenty years that amount increases; after thirty years the agreement becomes null and void.  Sunset clauses can also be used to account for various circumstances such as one spouse leaving the workforce to act as the primary caregiver for potential future children.

These clauses can be very simple or they can be very complicated and detailed depending on what your needs are and what you are attempting to accomplish.  At any rate, it is my suggestion that if you are contemplating marriage, regardless of your circumstances, it is worthwhile to at least schedule a consultation with a family law attorney to discuss the financial ramifications of marriage and how a prenuptial agreement might benefit you.  If you have specific questions concerning your own situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling us at (248) 608-4123.