“Since this is the time to ask, …

Is there anything that I can do to protect any assets, such as 401k, collectibles, etc, before I get married, assuming that the spouse will not sign a prenuptial agreement?”

To the extent possible, keep all titles in your name alone. Make an inventory of all the things you desire to protect, and keep a hard copy of that inventory in a few safe places (maybe with pictures). You could set up a trust and put the protected things in that trust. If possible, have the Plan Administrator of your 401K start a separate account for you for contributions made after the date of marriage, so you can easily segregate out contributions attributable to marital efforts.

Your soon-to-be-spouse doesn’t trust you enough to sign a pre-nup even though you really want one? Are we starting out on the right foot? Is communication an issue? Though this may be the “time to ask” your spouse and/or your counselor may be the ones to ask.

Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.