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. 

Click here to listen to Atlanta Child Custody Attorney Mary Stearns-Montgomery on parental alienation!

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.