Divorce Grounds

If some states have a 50/50 divorce law then whats the use of a pre-nup?

Like some states have divorce law that each partner gets 50% of everything. If so, then whats the use of a pre-nup? If they didn't do one then its 50/50? If they do sign one then its up to the pre-nup agreement reguardless of state 50/50 law?

Public Comments

1. A valid agreement can override the 50/50 rule. Of course it can backfire. There was a case recently in which a famous athlete had a pre-nup and it was enforced against his will and it ended up costing him more than the usual law would have.
2. Lets say one person had 10 million in assets and their partner had zero. If they got married under the 50/50 rule if they got divorced 6 months later they then would be each entitled to 5 mill in assets. This is why prenups exist. If one isn't put in place then the 50/50 rule will take effect
3. The pre-nup takes precedence over the 50/50 law. The 50/50 law is applied when there is no other contract/agreement. The reason for the law is because when you're married you become "one person" so to speak and with 50/50 both parties have an easier transition to life on their own.