Wife asks for divorce court to enforce prenuptial agreement

Divorce can be a costly experience, which is why many high-asset couples have prenuptial agreements. A prenuptial agreement, or premarital agreement, is a contract that establishes the financial and property rights of each of the spouses in the event the couple should file for divorce. While many people view such agreements as being for the benefit of the high-earner spouse, both parties can benefit from a prenuptial agreement. Consider the following case involving Hollywood star Josh Lucas.

Minnesota readers are likely familiar with actor Josh Lucas from his many big screen appearances. Today, however, the actor is getting headlines for his recent split from wife Jessica Ciencin Henriquez. According to news reports, Henriquez recently filed for divorce from Lucas and filed legal documents demanding the actor pay spousal support and child support; provide her with medical and dental coverage and cover her lawyers' fees and life insurance payments.

While the list of financial demands may sound demanding at first blush, reports suggests that Henriquez is not asking for anything more than the couple agreed upon. In fact, the couple reportedly has a prenuptial agreement that Henriquez is simply attempting to enforce. Nonetheless, while a prenuptial can address most financial matters, one issue it cannot address, is child custody. Fortunately, Lucas' wife has also asked for the couple to share joint custody of their 20-month-old son.

There are a whole host of benefits to having a prenuptial agreement, benefits that can serve the interests of both a high earner spouse, as well as a spouse with little to no means. A prenuptial agreement can both protect a party's interest in a family owned business and guarantee a party alimony. In either case, having a prenuptial agreement will both streamline the process and ease the transition. The agreements can also make it possible to anticipate what the end will look like when dealing with complex asset division.

Source: TMZ, "Josh Lucas Divorce: Wife Wants Lots of $$$," Feb. 14, 2014