Prenuptial Agreement. Download online state specific prenuptial agreements form (Premarital Contract)
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Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington follow a different system. They are "community Property" states. In these states, the income earned and both spouses share Property acquired during Marriage equally, even if one spouse earned all the income. Just as in the common law states following the "traditional" system, Property owned before Marriage plus gifts and inheritances remain separate Property. Wisconsin has adopted the Uniform Marital Property Act, which approximates community Property statutes.
In community Property states, the community Property is divided "equitably" upon divorce, and each spouse keeps his or her own separate Property. "Equitably" means "equal" or "50/50" in a few states. However, in most states a judge may modify this "50/50" approach and divide the Property unequally after taking into consideration all of the circumstances, including the ability of each spouse to earn future income. Because judges in common law states usually divide Property fairly between divorcing spouses, the differences between community Property states and common law states are no longer as great as they were in the past.
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