How can I help my spouse insist on a prenuptial agreement?
Your trust’s directions can provide financial incentives for your spouse to request a prenuptial agreement. For example, your trust instructions can require the trustee to cut off distributions to your spouse if a remarriage occurs without a prenuptial agreement being signed. If a prenuptial agreement is signed, your spouse can still fully use and enjoy the distributions from the asset protected trust. Your spouse can blame the need for a prenuptial agreement on the terms of the trust, and thereby avoid the difficult discussion of what happens if the marriage fails.
By putting the proper planning in place, you will have the peace of mind of knowing that your spouse (and the future inheritance of your children) will be protected from potential creditors and predators. By the way, you just might be the spouse who survives and is glad to find that these asset protections are in place for your benefit!