Q: Hi, I live in CA and am considering getting married. Do I need a prenup to protect future inheritance?

A: In California, inheritance and gifts received during the marriage are generally considered separate property and are not subject to division in a divorce. However, there are some situations where separate property can become commingled with marital property, which may complicate the division of assets in the event of a divorce.

Regarding your company and future inheritance, here are a few things to consider:

1. If you inherit the company before or during the marriage and keep it separate from marital assets, it should remain your separate property.

2. If you use income from the company for marital expenses or to purchase marital property, the company's value may become partially commingled with marital assets, making it subject to division in a divorce.

3. If your spouse contributes to the growth or value of the company during the marriage, they may be entitled to a portion of its increased value.

To protect your assets, including your future inheritance, a prenuptial agreement can be a useful tool. A prenup allows you to clearly define which assets will remain separate property and how they will be handled in the event of a divorce. It can also address issues such as spousal support and the division of marital property.

It's essential to consult with a family law attorney who has experience with prenuptial agreements and estate planning in California. They can help you draft a prenup that protects your assets and ensures that your intentions are clearly stated and legally enforceable.