Gambling and Personal Debt Clause
Clarifies that gambling‑related debts remain the responsibility of the spouse who incurs them.
Example: Any gambling‑related debts or losses incurred by either party during the marriage
shall be treated as that party’s separate obligation. The other spouse’s separate property and
any agreed‑upon community assets shall not be liable for such debts, except as otherwise agreed in writing.
Substance Use and Financial Responsibility Clause
Addresses how financial obligations arising from substance use issues may be allocated.
Example: If either party incurs significant expenses related to alcohol or controlled substance use
(including treatment, legal fees, or related debts), those obligations shall be treated as that
party’s separate responsibility unless both spouses expressly agree otherwise in writing. The parties
also acknowledge that they may seek professional assistance if substance use impacts the marriage.
Overspending and Large Purchases Clause
Encourages budgeting and clarifies when large purchases are treated as separate obligations.
Example: The parties agree to communicate about major non‑essential purchases and to work from a
mutually acceptable budget. Any non‑essential purchase by one spouse over an agreed‑upon threshold
(for example, $5,000) made without the other spouse’s consent may be treated as that spouse’s
separate obligation in any future property division, subject to applicable law and the advice of counsel.
Debt Allocation Clause
Clarifies responsibility for debts incurred before and during the marriage.
Example: Each party remains solely responsible for debts incurred in their own name before the marriage.
During the marriage, debts incurred jointly or for the benefit of both spouses may be treated as shared
obligations, while debts incurred solely in one spouse’s name for their exclusive benefit may be
treated as that spouse’s separate liability, consistent with applicable law.
Inheritance and Separate Property Clause
Confirms that inheritances remain separate property unless clearly re‑characterized.
Example: Any inheritance received by either party, whether before or during the marriage, shall be
treated as that party’s separate property. If inherited funds are contributed to jointly titled assets,
the parties agree to keep reasonable records so that contributions can be traced and addressed in any
later property discussion, as permitted by law.
Career Sacrifice and Contributions Clause
Recognizes the impact of one spouse reducing work or relocating for the marriage or family.
Example: If either party reduces work hours, leaves employment, or relocates primarily to support the
marriage, the other spouse’s career, or caregiving responsibilities, the parties acknowledge that such
sacrifices are significant contributions to the marital partnership and may be considered when
discussing support and property division with their attorneys.
High Net Worth and Separate Assets Clause
Clarifies that pre‑marital wealth and its growth are generally treated as separate property.
Example: The parties recognize that one or both enter the marriage with substantial separate assets.
Assets owned by either party before marriage, and any passive increase in value of those assets,
are intended to remain that party’s separate property, unless the parties later agree in writing to
re‑characterize them under applicable law.
Income Disparity and Support Planning Clause
Acknowledges income differences and encourages thoughtful support planning with counsel.
Example: The parties acknowledge a significant difference in their incomes and agree to consider this
disparity when discussing any future support arrangements with their attorneys. Any support provisions
shall be drafted in compliance with applicable law and reviewed by independent counsel for each party.
Business Ownership Clause
Addresses how existing and future business interests are treated.
Example: Any ownership interest in a business held by a party prior to the marriage, including any
passive increase in value, shall generally remain that party’s separate property. If marital funds or
either spouse’s labor are contributed to a business, the parties agree to keep records of those
contributions and to consult counsel about any reimbursement or allocation that may be appropriate
under applicable law.
Professional Degree and License Contribution Clause
Recognizes financial support provided for the other spouse’s education or licensing.
Example: If either party provides substantial financial support toward the other’s professional degree
or license during the marriage, the parties acknowledge that these contributions may be considered in
any future discussion of reimbursement, support, or property division, consistent with applicable law
and the advice of counsel.
Retirement and Pension Clause
Clarifies treatment of retirement accounts and pension benefits.
Example: Retirement accounts and pension benefits accrued by either party before marriage shall be
treated as that party’s separate property to the extent allowed by law. Contributions and accruals
during the marriage may be allocated between the parties as set forth in this agreement and any
qualified domestic relations orders prepared with the assistance of legal counsel.
Insurance and Financial Protection Clause
Encourages maintaining appropriate life and health insurance coverage.
Example: The parties agree to discuss and maintain appropriate life and health insurance coverage,
including reviewing beneficiary designations from time to time. In the event of separation or divorce,
each party will consult with counsel about how any support obligations and insurance needs should be
addressed.
Privacy and Confidentiality Clause
Addresses confidentiality of personal and financial information.
Example: Both parties agree to keep sensitive personal and financial information about their marriage
confidential and not to disclose such information to third parties, except with consent or as required
by law. Either party may seek appropriate legal remedies if a breach of confidentiality causes harm,
subject to applicable law.
Second Marriage and Prior Obligations Clause
Addresses premarital assets and obligations from prior relationships.
Example: The parties acknowledge that one or both have obligations and assets from prior relationships.
Assets held before the marriage or designated for children from a prior relationship are intended to
remain that party’s separate property, subject to any estate planning documents prepared with counsel.
Remarriage and Future Rights Clause
Clarifies how remarriage may affect certain financial expectations.
Example: The parties understand that a future remarriage by either spouse may affect rights and
obligations under applicable law. They agree to consult counsel about how any support or inheritance
provisions in this agreement interact with later remarriage and estate planning.
Blended Family Financial Responsibilities Clause
Addresses financial expectations for children from prior relationships.
Example: Each party’s children from prior relationships shall remain that parent’s primary financial
responsibility, unless otherwise agreed in writing. The parties agree to consider estate planning
(such as wills or trusts) to provide for children from previous relationships in coordination with
this agreement.
Addiction and Financial Impact Clause
Addresses how to handle financial consequences if addiction issues arise.
Example: If either party experiences addiction‑related challenges (such as alcoholism, drug dependency,
or compulsive spending), the parties agree to communicate about treatment options and the financial
impact. Significant debts or expenses arising solely from such behavior may be treated as that party’s
separate responsibility, subject to advice from their attorneys and applicable law.
Caregiving Responsibilities Clause
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