Prenuptial Agreement / Income

Under state law, current income is automatically a community property asset – all income earned during a marriage belongs to “the community”, as in every dollar earned belongs to both spouses equally. The parties to a Prenuptial Agreement may choose to go along with state law and allow that to be so. The parties also have the option of keeping all their own income as their own separate property. They could instead agree to keeping half as separate property and contributing half to a community account or agree to pay certain of their own expenses and contribute some amount to joint expenses, or to any other plan that meets their needs.