Chapter 22
The Economics of Marriage
Marriage and divorce are the two largest financial transactions most people ever execute, and the only ones they enter without a closing statement, a due-diligence period, or a single professional in the room. A merger of two balance sheets gets less scrutiny than the purchase of a used car.
This is not an argument against marriage. It is an argument against sleepwalking into it. Here is the part nobody mentions at the wedding: if you do not write down the financial terms of your partnership, the state has already written them for you. That document is the law of your state, it runs to thousands of pages, you have never read it, and it governs what you own, what your spouse owns, and who keeps what if the partnership dissolves. You are free to draft your own terms. Most people simply accept the government’s.
Love and money occupy different planes; marriage forces them onto the same ledger. This chapter treats that ledger clinically — the merger, then the divestiture — because the emotional weight of these events is precisely what makes people skip the paperwork that protects them. The survivorship case, the death of a spouse, is its own kind of transaction, handled in section “Estate planning” alongside the rest of estate settlement.
Pre-Marital Due Diligence
Prenuptial and Postnuptial Agreements
Separate Property, Community Property, and Commingling
The Marriage Penalty and the Marriage Bonus
Titling and Beneficiary Designations
What Marriage Does to Your Retirement Accounts
Administrative Triage
The Divestiture: Divorce
The Date That Decides Everything
Choosing the Process and the Team
Splitting Retirement Accounts
Equity Compensation and Business Interests
Alimony After the TCJA
Dividing the Tax Attributes
Splitting the House
Social Security and the Ten-Year Rule
Administrative Triage
The Replanning Calendar