American lawyers report greater use of prenuptial agreements

The last three years have seen a rise in the use of prenuptial agreements in the US, according to a recent survey of members of the American Academy of Matrimonial Lawyer (AAML).

As many as 63% of members surveyed said they had witnessed this rise, and a further 46% also reported seeing a rise in the number of agreements being initiated by women.

"Protection of separate property" was apparently the most common item to be included in a prenup and was mentioned by 80% of respondents. This was followed by "alimony/spousal maintenance," which was mentioned by 77% and "division of property" (72%).

Other items that AAML members reported being frequently included in prenuptial agreements include "protection of the increase of value in separate property" (62%), followed by "inheritance rights" (39%) and "community property division" (23%).

Alton Abramowitz, president of the AAML, attributed the trend in part to the improving economy and associated improvements in financial and real estate markets.

"The trend of divorcing spouses fighting over which one has to take possession of a devalued home and other depreciated assets appears to be coming to an end," he said.

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