Why Same-Sex Couples Should Consider a Prenuptial Agreement

The state of California has long been one of the most accepting states for same-sex couples, including those looking to marry. Since 2008, California has issued marriage licenses to couples, though this was briefly put on hold in 2013.

Then, in 2015, the Supreme Court of the United States (SCOTUS) issued a 5-4 decision in the Obergefell v. Hodges case granting same-sex couples the right to marry. In announcing the decision, the court indicated that states could not prohibit marriage between same-sex couples and must recognize unions across the country. The landmark decision was considered a “historic moment”, ranked along the likes of Roe v. Wade and Brown v. Board of Education.

According to the court, the right to marry was fundamental and the 14th Amendment prohibited depriving same-sex couples of the liberty to marry. The ruling of marriage equality also granted same-sex couples, across the board, the right to enter into what is known as a premarital, or prenuptial, agreement.


Though the divorce rate among same-sex couples is statistically less than that of heterosexual couples, it does not mean that couples should forego the protections of a prenuptial agreement. Prenuptial agreements offer same-sex couples a way to address a variety of factors, both before and after the marriage, including:

  • Agreeing on each individual’s financial rights
  • Protecting a business you own
  • Separating property for children from a prior marriage
  • Protecting yourself from a spouse’s debts

One of the key reasons why all couples should explore prenuptial agreements is the fact that it helps both parties avoid endless fighting and extensive litigation, should the relationship end in divorce. These agreements can help to clarify and settle major issues prior to divorce, helping to save couples money, time and the emotional distress that accompanies the dissolution of marriage.

Additionally, reaching a prenuptial agreement can help couples prepare for the serious commitment that they are making. Because these documents deal with major topics, like the management of finances and debts, as well as rights to property, it leads to proactive discussions that can help to improve a couple’s communication, ultimately leading to a deeper, sometimes more trustworthy, relationship.

It’s important to note, however, that these agreements do not cover child issues. Both child support and child custody must be determined by the courts in the event of divorce.

If you or a loved one are considering marriage, it is also important that you consider a prenuptial agreement. Although some couples may attempt to draft and finalize their own agreement, it is always best to enlist the expertise of a skilled family law attorney. Only an attorney well-versed in this area of law, and the laws in California, can oversee the creation of prenuptial agreements and ensure that all issues are handled properly.

It’s important to note, however, that these agreements do not cover child issues. Both child support and child custody must be determined by the courts in the event of divorce.


For couples residing in and around the Los Angeles area, the dedicated attorneys at Lavinsky Law can provide the sound legal guidance you need when considering prenuptial agreements. Our firm specializes in family law and can support you and your future spouse as you prepare for the next stage of your relationship. Our attorneys have also represented spouses who have decided to divorce, and require guidance to help guarantee the enforcement of prenuptial agreements.

Our highly-skilled attorneys can help you and your spouse feel secure that your future interests are protected.

To schedule an initial consultation with one of our family law specialists, we invite you to call Lavinsky Law today at (310) 929-6411.