Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

Call Now: (410) 573-4818

Home / General / Reality TV Marriages and the Power of a Prenuptial Agreement

Reality TV Marriages and the Power of a Prenuptial Agreement

by

Many reality television shows these days focus on marriage. We have the Bachelor franchise, Married at First Sight, and now Love is Blind. The goal in each of these shows is for the contestants to get married. And while the fairytale ending might seem like the ultimate fantasy, there are some practical considerations that should bring you back down to earth.

Marriage is a legal contract between two individuals and not something to be entered into lightly. There are a number of legal implications that follow a marriage, but today we are going to focus on the impact marriage can have on your estate plan.

If you are married to someone and you pass away with children, your spouse is entitled to ONE THIRD of your estate under Maryland law. If you pass away without children, your spouse is entitled to ONE HALF of your estate under Maryland law. This is called the Elective Share. If you pass away without a prenuptial agreement in place, your spouse can elect to take this share of your estate. It is important to note that it DOES NOT matter what your Will or Trust says in this scenario. Even if you have dictated that your spouse gets nothing and everything goes to your children, your spouse has the right to object and take a large portion of your assets.

Now let’s think about these reality TV shows and the implications that marriage can have. Focusing on the Golden Bachelor and the Golden Bachelorette, these shows are based on older individuals who are seeking marriage. Many of the contestants come to the show with children from prior relationships. If these contestants were to get married and pass away without a prenuptial agreement in place, their children might be surprised to find out they are not exactly receiving the inheritance they expected.

Then, we have shows with younger couples as well, such as Love is Blind. This is where prenuptial agreements may apply in the more traditional sense of protecting assets in case of divorce. One great example where a prenuptial agreement has been discussed, is where one of the Love is Blind participants is in school for an advanced degree and on track to accumulate great wealth. Their fiancée is in a less secure financial position. Here, a prenuptial agreement could be important to protect financial growth in case of a divorce.

The takeaway here is that prenuptial agreements are important to protect assets in case of divorce, or death. They can be a vital aspect of your estate plan. These laws apply to everyone, and you do not need to be a TV star to need a prenuptial agreement. If you are considering marriage, whether that be a first marriage or remarriage, please be sure to come see us at Sinclair Prosser Gasior to discuss your options for protecting your assets and your future beneficiaries.

Jon J. Gasior, Estate Planning Attorney
Latest posts by Jon J. Gasior, Estate Planning Attorney (see all)

About Jon J. Gasior, Estate Planning Attorney

His personal experience with family and the problems that resulted from their failure to create an estate plan resulted in his desire to learn more about this area of the law. From his work in the Elder Law Clinic, he further realized the need to plan not only for death, but also for incapacity during their lifetime. About the Author !