Prenup Military Template for United States

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Key Requirements PROMPT example:

Prenup Military

"I need a Military Prenup for an Air Force Captain marrying in March 2025, with specific provisions for potential overseas deployment and protection of retirement benefits, as well as clear terms about the GI Bill transfer to future children."

Document background
The Military Prenuptial Agreement is essential for service members planning marriage who wish to protect their military benefits and establish clear financial arrangements. This document type specifically addresses unique military considerations such as Basic Allowance for Housing (BAH), retirement pay, survivor benefits, and deployment-related matters. The agreement must comply with both federal military regulations and state marriage laws, making it more complex than standard prenuptial agreements. Military Prenups are particularly important given the unique challenges and benefits associated with military service, including frequent relocations, deployment, and specialized compensation structures.
Suggested Sections

1. Parties: Identification of both parties, including military status and rank

2. Background: Context of the agreement and intention to marry

3. Definitions: Key terms including military-specific terminology

4. Separate Property: Declaration of existing assets and military benefits

5. Military Benefits and Entitlements: Treatment of military pay, allowances, and benefits

6. Retirement and Pension Rights: Handling of military retirement pay and related benefits

7. Survivor Benefits: Treatment of military survivor benefits and elections

Optional Sections

1. Deployment Provisions: Special arrangements during military deployment - use when active deployment is likely

2. Education Benefits: Treatment of GI Bill and other educational benefits - use when either party has transferable education benefits

3. Disability Compensation: Treatment of military disability benefits - use when service member has or anticipates disability benefits

4. International Deployment: Provisions for overseas assignments - use when international deployment is possible

Suggested Schedules

1. Schedule A - Financial Disclosure (Service Member): Detailed list of service member's assets, including military benefits

2. Schedule B - Financial Disclosure (Spouse): Detailed list of prospective spouse's assets

3. Schedule C - Military Benefits Summary: Current military benefits, allowances, and entitlements

4. Schedule D - Military Service History: Service record, deployments, and relevant military career information

5. Appendix 1 - Military Orders: Relevant current military orders or assignments

6. Appendix 2 - Benefits Statements: Current statements of military benefits and entitlements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Uniformed Services Former Spouses' Protection Act (USFSPA): Federal law that provides former spouses of military members the right to a portion of military retirement pay and determines how military pensions are treated in divorce proceedings

Servicemembers Civil Relief Act (SCRA): Federal law that provides a wide range of protections for military members, including protection against default judgments and the ability to postpone judicial proceedings

Military Pension and Retirement Benefits: Federal regulations governing the division and distribution of military retirement benefits, including calculations based on years of service and rank

TRICARE Benefits: Military healthcare program regulations affecting both service members and their dependents, including coverage continuation rights

State Marriage and Divorce Laws: Specific state regulations governing marriage, divorce, and property division that vary by jurisdiction and must be considered in prenuptial agreements

Community Property Laws: Laws in certain states that consider most property acquired during marriage as jointly owned, requiring specific attention in prenuptial agreements

Equitable Distribution Laws: Laws in non-community property states governing fair (but not necessarily equal) division of marital assets

Uniform Premarital Agreement Act: Model law adopted by some states that provides standard rules for prenuptial agreement validity and enforcement

Basic Allowance for Housing (BAH): Military housing benefit that needs to be addressed in terms of rights and obligations during marriage and potential divorce

Basic Allowance for Subsistence (BAS): Military food allowance that should be considered in financial calculations and divisions

Survivor Benefit Plan (SBP): Military benefit program that provides continuing benefits to surviving spouses, requiring specific attention in prenuptial agreements

Combat-Related Special Compensation: Special pay for combat-related disabilities that may need to be addressed separately from regular military compensation

GI Bill Benefits: Educational benefits that may be transferable to spouses and dependents, requiring clear documentation of rights and obligations

Financial Disclosure Requirements: Legal requirement for both parties to fully disclose their financial status before signing a prenuptial agreement

Independent Legal Counsel: Requirement that both parties have the opportunity to seek separate legal representation to ensure agreement validity

Execution Requirements: Legal requirements for proper timing, voluntary signing, and notarization of the prenuptial agreement to ensure enforceability

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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