As a Boise Divorce Attorney people often ask me about the necessity of a prenuptial agreement. People often think that because Idaho is a community property state they might need a prenup in case they divorce. This is not necessarily the case. Even though Idaho is a community property state, it still recognizes separate property. Property and money you have acquired prior to marriage are your separate property and only become community property if you transmute (change the character by gifting the property) it.
Where a prenuptial agreement is helpful is if you have an large income source from employment, not from a trust or inheritance, and you feel that you would like to protect its character as separate property in case you divorce. You and your future spouse can make an agreement that your income will remain separate property and therefore anything you purchase with the money will also remain separate property.
For more information about divorce in Idaho visit www.lawboiseid.com
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