As usual, the best way to illustrate the current state of the law is to give an example by way of recent precedent. One particularly illustrative case is Mallen v. Mallen, a case decided by the Georgia Supreme Court in 2005. In Mallen, the Supreme Court upheld a prenuptial agreement after an in-depth examination of the facts on the record, which were fairly sympathetic and arguably in favor for the wife to set the agreement aside.
It seems that whenever a client calls to inquire about a prenuptial agreement (also known as an antenuptial agreement), that their initial concern is whether such an agreement will hold up under judicial scrutiny. Recent case law answers this question with a resounding “yes”… as long as the agreement is drafted prudently by a knowledgeable attorney.
Your ex-spouse may still be a beneficiary of your estate. Have you changed all of your beneficiary designations? – Whether it is for your retirement benefits or your life insurance, if you don’t remember to change your beneficiary forms when you get divorced your spouse will remain the beneficiary.