In this episode of The Smarter Planner Podcast, host Belle Osvath, CFP®, speaks with estate planning attorney Michael D. Whitty about premarital agreements and the role financial planners can play in helping clients approach these conversations thoughtfully and early.
Mike has spent his career helping families navigate the legal and personal complexities of wealth transfer, family governance, and business succession planning. He is also the former president and current director of Attorneys for Family-Held Enterprises (AFHE), a nonprofit organization of attorneys dedicated to helping family-owned businesses navigate the legal, tax, and governance issues that come with sustaining an enterprise across generations.
While premarital agreements are often viewed primarily as protection in the event of divorce, Mike explains that their purpose can be much broader.
A well-designed agreement can provide greater certainty for both spouses by establishing expectations around separate and marital property, family wealth, business interests, debt, potential alimony, and estate planning. Mike discusses how agreements can even include provisions that change over time as a marriage evolves.
The conversation also explores what premarital agreements can and cannot accomplish. Mike explains why issues such as child custody and child support cannot be predetermined and why both parties should have appropriate representation when negotiating an agreement.
One of the most important parts of the process is financial disclosure.
Before entering into an agreement, both individuals need to understand the other's assets, debts, income, and financial obligations. Even when clients decide they don't want a premarital agreement, Mike and Belle discuss why going through this financial discovery process can help couples avoid surprises after they're married.
For financial planners, timing is one of the biggest takeaways from the episode.
Mike encourages advisors to raise the subject when a relationship is becoming serious, ideally well before the wedding. Waiting until invitations have gone out or the wedding is only days away can create pressure and make an already sensitive conversation much more difficult.
Throughout the conversation, Mike challenges advisors to think of premarital planning as more than preparing for the possibility of divorce. It can be an opportunity to help clients better understand their financial lives, establish expectations, and make informed decisions before entering a marriage.
Mike's message for advisors is simple:
Start the conversation early. Giving clients time to understand their options can make premarital planning a thoughtful financial decision rather than a last-minute legal exercise.
Guest Links
Michael D. Whitty | Smith, Gambrell & Russell, LLP
LinkedIn: Michael D. Whitty
Attorneys for Family-Held Enterprises (AFHE): Former President and current Director
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The Smarter Planner Podcast is produced by the Financial Planning Association National Capital Area Chapter (FPA NCA) for educational purposes only. Belle Osvath and FPA NCA do not endorse specific individuals, firms, products, or services mentioned.