Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
