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Nearly two-thirds of divorce attorneys report an increase in prenuptial agreements over the past three years. Protection of the increased value of property was the leading asset spouses want protected.

Peaking Prenups Prove Housing is Hot

Nearly two-thirds of divorce attorneys report an increase in prenuptial agreements over the past three years. Protection of the increased value of property was the leading asset spouses want protected.

A clear majority of 63% of divorce attorneys cited an increase in prenuptial agreements during the past three years in a recent survey of American Academy of Matrimonial Lawyer (AAML) members. The top three items most commonly covered in prenups throughout this period of time were noted as “protection of separate property” by 80% of respondents, “alimony/spousal maintenance” at 77% and “division of property” with a 72% total. Interestingly enough, 46% also noted an increase in women initiating requests for these agreements.

“As the financial and real estate markets continue to improve, there is a greater awareness of risk to possibly sharing these gains in a divorce,” said Alton Abramowitz, president of the American Academy of Matrimonial Lawyers. “The trend of divorcing spouses fighting over which one has to take possession of a devalued home and other depreciated assets appears to be coming to an end.”

Overall, 63% of AAML members have cited an increase in the number of prenuptial agreements during the past three years, while 36% stated no change, and 1% saw a decrease. In addition to the top three prenup items selected, the next three most common coverage areas picked by respondents were “protection of the increase of value in separate property” at 62% followed by “inheritance rights” at 39% with 23% choosing “community property division.”

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