Is a prenup always necessary when remarrying?
Is a prenup always necessary when remarrying?
I am divorced and own a house and some investment accounts. My fiancee doesn't have much in assets (he really got cleaned out in his divorce, but is on a good path).
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
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Re: Is a prenup always necessary when remarrying?
I would consult with a qualified attorney. Each state is different.
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Re: Is a prenup always necessary when remarrying?
Not legal advicered_uu wrote:I am divorced and own a house and some investment accounts. My fiancee doesn't have much in assets (he really got cleaned out in his divorce, but is on a good path).
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
+1 on consult a local lawyer
You are not going to be contributing house mainetenance, taxes and utilities from marriage funds?
Congrats on the pending nuptials
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Re: Is a prenup always necessary when remarrying?
He has some student loans that he will be paying off for quite a while, so I will probably be paying the mortgage as I have been for maybe five years?qwertyjazz wrote:Not legal advicered_uu wrote:I am divorced and own a house and some investment accounts. My fiancee doesn't have much in assets (he really got cleaned out in his divorce, but is on a good path).
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
+1 on consult a local lawyer
You are not going to be contributing house mainetenance, taxes and utilities from marriage funds?
Congrats on the pending nuptials
I was wondering if in the event of a split, he would also get half of the money that I already have in equity (currently about 90K) or whether he would get half of the equity gained since the beginning of the marriage?
Re: Is a prenup always necessary when remarrying?
I believe each state is different. In a lot of states, in the event of divorce, you would split the equity in the home that has been gained since the marriage. However, as stated above, each state has their own laws. I would check yours for peace of mind.
Re: Is a prenup always necessary when remarrying?
You just went through a divorce. You are considering a second marriage where you are going in with unequal assets, and you have two minor children. I would definitely get a pre-nup, and see a lawyer. You need to find out what the rules are in your state about property ownership, how to title and maintain and mix (or don't mix) those assets..... so you don't risk it. I would get a prenup in your position. You could possibly put the current savings in a completely separate bank/account, but you are still paying on the mortgage so having the house in your name is ... well who knows.
SEE A LAWYER in your state, for at least a consultation. Then decide about the prenup.
SEE A LAWYER in your state, for at least a consultation. Then decide about the prenup.
Salvia Clevelandii "Winifred Gilman" my favorite. YMMV; not a professional advisor.
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Re: Is a prenup always necessary when remarrying?
In many (most?) states, both parties have to have separate legal counsel to ensure that one party doesn't have undue influence on the other.
Re: Is a prenup always necessary when remarrying?
Went through this in NC a few years ago. Ultimately the house remained separate property but the gains since marriage (including appreciation and "sweat equity" through self renovations) were subject to split.
Re: Is a prenup always necessary when remarrying?
Proposing a prenup to your intended can often cause you to receive a frosty reception, but one needs to do what one feels is best.
Re: Is a prenup always necessary when remarrying?
OP here - that is what I am concerned about. He is a family friend and from what I can tell is a very principled person with a lot of integrity. I can't see him ever getting greedy or ugly. He was more than generous with his ex-wife, to a fault. He treats his young daughter like gold and makes sure she gets everything she needs.Swansea wrote:Proposing a prenup to your intended can often cause you to receive a frosty reception, but one needs to do what one feels is best.
I don't want to go the prenup route if possible, but also don't want to throw away my future.
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Re: Is a prenup always necessary when remarrying?
Then he should not mind signing a pre-nup, right?red_uu wrote: I can't see him ever getting greedy or ugly.
Do you think anyone just getting married can envision their partner getting greedy or ugly?
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Re: Is a prenup always necessary when remarrying?
I think "it is to protect the children" might go over better than "it is to protect me". But yes, of course it could be an awkward conversation.Swansea wrote:Proposing a prenup to your intended can often cause you to receive a frosty reception, but one needs to do what one feels is best.
Re: Is a prenup always necessary when remarrying?
You're right - I guess I am just trying to determine whether I need one if the state already says that my pre-marriage assets remain mine in the event of divorce, and he would only get half of any gained home equity after we are married (which I think is fair - he will likely be contributing something).Call_Me_Op wrote:Then he should not mind signing a pre-nup, right?red_uu wrote: I can't see him ever getting greedy or ugly.
Do you think anyone just getting married can envision their partner getting greedy or ugly?
Re: Is a prenup always necessary when remarrying?
I would suggest you see a lawyer (maybe can get a free initial consultation), as has been suggested a few times earlier, to verify just what the state law is in the absence of a pre-nup, and then determine the need for one. Although there are some very knowledgeable folks here, it's risky to rely on this or any forum for legal advice.
Re: Is a prenup always necessary when remarrying?
My wife was divorced before she married me and she had two small children with her previous husband. She had a decent sized portfolio from the divorce (about the same as you). I was just starting my career, was broke, and still had some student loans at the time.
She asked me to sign a prenup before we got married. She stressed how she needed to protect her kids. You could probably use the same argument.
I was perfectly happy to sign it. It felt like a way to prove I wasn't marrying her for her money.
I did have a friend who asked me, "If she wants a prenup, that means she's already thinking that the marriage won't work"
I said "If I don't sign it, that means I'm thinking the marriage won't work. Besides, it's completely fair. I don't want any of her money from before the marriage."
Remember, a prenup means nothing if the couple stay together. And since I believed we would stay together, and because I felt it was a fair document, it was very easy to sign. We've been married almost 20 years now.
She asked me to sign a prenup before we got married. She stressed how she needed to protect her kids. You could probably use the same argument.
I was perfectly happy to sign it. It felt like a way to prove I wasn't marrying her for her money.
I did have a friend who asked me, "If she wants a prenup, that means she's already thinking that the marriage won't work"
I said "If I don't sign it, that means I'm thinking the marriage won't work. Besides, it's completely fair. I don't want any of her money from before the marriage."
Remember, a prenup means nothing if the couple stay together. And since I believed we would stay together, and because I felt it was a fair document, it was very easy to sign. We've been married almost 20 years now.
Last edited by HomerJ on Fri Jan 06, 2017 10:39 am, edited 1 time in total.
Re: Is a prenup always necessary when remarrying?
If you die first, absent an agreement, he would be entitled to a portion of your estate, called the elective share. I found this article on the Virginia elective share written by a trusts and estates lawyer in a large firm in Virginia, which might be useful, though I haven't checked to see whether it's accurate: http://www.natlawreview.com/article/est ... e-virginia.
If you get divorced, absent an agreement, your marital property is subject to equitable distribution (division). What's considered marital property varies from state to state. A lawyer in Virginia can probably give you a sense of what the equitable distribution would likely be in your situation, though it's up to the court to decide at the time based on the facts and circumstances at the time. The amount of alimony you might receive or might have to pay is also up to the court.
If you want to make different provisions, and to have greater certainty of result (nothing is 100% certain, and I was involved in a case a few years ago where the surviving spouse successfully challenged a prenuptial agreement, though the case was settled on appeal), but reasonable agreements are generally upheld.
If you get divorced, absent an agreement, your marital property is subject to equitable distribution (division). What's considered marital property varies from state to state. A lawyer in Virginia can probably give you a sense of what the equitable distribution would likely be in your situation, though it's up to the court to decide at the time based on the facts and circumstances at the time. The amount of alimony you might receive or might have to pay is also up to the court.
If you want to make different provisions, and to have greater certainty of result (nothing is 100% certain, and I was involved in a case a few years ago where the surviving spouse successfully challenged a prenuptial agreement, though the case was settled on appeal), but reasonable agreements are generally upheld.
The free lawyer might only be worth what you pay for his/her time.RudyS wrote:I would suggest you see a lawyer (maybe can get a free initial consultation), as has been suggested a few times earlier, to verify just what the state law is in the absence of a pre-nup, and then determine the need for one. Although there are some very knowledgeable folks here, it's risky to rely on this or any forum for legal advice.
Re: Is a prenup always necessary when remarrying?
This is very interesting, thank you! I will definitely be seeing an attorney about all this, and not a free one.bsteiner wrote:If you die first, absent an agreement, he would be entitled to a portion of your estate, called the elective share. I found this article on the Virginia elective share written by a trusts and estates lawyer in a large firm in Virginia, which might be useful, though I haven't checked to see whether it's accurate: http://www.natlawreview.com/article/est ... e-virginia.
If you get divorced, absent an agreement, your marital property is subject to equitable distribution (division). What's considered marital property varies from state to state. A lawyer in Virginia can probably give you a sense of what the equitable distribution would likely be in your situation, though it's up to the court to decide at the time based on the facts and circumstances at the time. The amount of alimony you might receive or might have to pay is also up to the court.
If you want to make different provisions, and to have greater certainty of result (nothing is 100% certain, and I was involved in a case a few years ago where the surviving spouse successfully challenged a prenuptial agreement, though the case was settled on appeal), but reasonable agreements are generally upheld.
The free lawyer might only be worth what you pay for his/her time.RudyS wrote:I would suggest you see a lawyer (maybe can get a free initial consultation), as has been suggested a few times earlier, to verify just what the state law is in the absence of a pre-nup, and then determine the need for one. Although there are some very knowledgeable folks here, it's risky to rely on this or any forum for legal advice.
Re: Is a prenup always necessary when remarrying?
You've done it again, Homer !HomerJ wrote: I did have a friend who asked me, "If she wants a prenup, that means she's already thinking that the marriage won't work"
I said "If I don't sign it, that means I'm thinking the marriage won't work.
You zeroed in on the basics of the issue.
Thanks
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Re: Is a prenup always necessary when remarrying?
If both partners have been divorced I think a pre-nup is less likely to be a barrier but you never know...
The closest helping hand is at the end of your own arm.
Re: Is a prenup always necessary when remarrying?
It will help u sleep better at night. Please get it.
You are goimg to have rare/ occasional awkward or difficult conversation once you are married.
You are goimg to have rare/ occasional awkward or difficult conversation once you are married.
Re: Is a prenup always necessary when remarrying?
You may agree with what the state says, but a prenup can be helpful to make sure that your pre-marital assets are documented. Otherwise, you will need to scrape up documentation proving the valuation of each piece of property. A prenup, on the other hand, *is* that documentation of property valuations pre-marriage. I bought the condo that my husband and I live in and our nuptial agreement was primarily to document its valuation and how much equity each of us has before marriage and going forward. What is more important than the nuptial agreement being signed (to me assuming the marriage will work) is the hours upon hours we spent discussing and coming to a fair solution of how to handle the condo. Have you and your fiance (note that fiancee=woman and fiance=man) spent time together and separately discussing and thinking about how you want to handle your house?red_uu wrote:You're right - I guess I am just trying to determine whether I need one if the state already says that my pre-marriage assets remain mine in the event of divorce, and he would only get half of any gained home equity after we are married (which I think is fair - he will likely be contributing something).Call_Me_Op wrote:Then he should not mind signing a pre-nup, right?red_uu wrote: I can't see him ever getting greedy or ugly.
Do you think anyone just getting married can envision their partner getting greedy or ugly?
One of the tricky parts my husband and I ran into thinking through the account titling is that in our state, by default, all pre-marital assets stay separate property and that individual accounts stay separate so long as they are not contributed to post-marriage. Retirement accounts are the wrinkle in that because you can't just stop contributing to say your 401(k) because you got married and want a new one. Savings and taxable investment accounts are easier to handle because you could just make post-marriage contributions to jointly titled accounts, but that isn't a solution for retirement accounts.
I would really recommend putting some thought into what you would want out of a prenup before consulting with an attorney. Also, if you can't talk through how you want to run your marriage's finances with your fiance before you get married, then that is a note you should consider. For my husband and I, the discussions were really important of each person presenting their thoughts and then coming to compromises, which is also a useful marriage skill.
Some food for thought. I'm not a lawyer, just someone who had assets when she got married.
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Re: Is a prenup always necessary when remarrying?
Prenups (whether remarrying or marrying for the first time) are only necessary if either of the two of you would prefer different "rules" governing your potential divorce that the default set of rules that already exists.
Of course, that requires learning all you can about the law in your state, and that's where a lawyer is helpful.
But thinking about it that way also sort of reframes the prenup debate. In a sense, everyone signs a prenuptial agreement whenever they sign their name to the marriage certificate. They're either agreeing to abide by the law as it exists, or they're "overriding" it with a separate legal document.
Either way, both parties are agreeing on how they'll treat a potential divorce. It's not like a prenup is suddenly addressing something that isn't already being addressed.
Of course, that requires learning all you can about the law in your state, and that's where a lawyer is helpful.
But thinking about it that way also sort of reframes the prenup debate. In a sense, everyone signs a prenuptial agreement whenever they sign their name to the marriage certificate. They're either agreeing to abide by the law as it exists, or they're "overriding" it with a separate legal document.
Either way, both parties are agreeing on how they'll treat a potential divorce. It's not like a prenup is suddenly addressing something that isn't already being addressed.
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Re: Is a prenup always necessary when remarrying?
I would for sure have a prenup in this situation. I don't have a prenup with my wife now. We both had very little in the way of assets when we were married.
Re: Is a prenup always necessary when remarrying?
I understand your hesitation, but you will have difficult conversations on many topics during your marriage. Money topics of all kinds are as important as they are tricky. Make a list of all the financial topics you'd like to understand with him and present them as an area you consider an opportunity to get on the same page. It's not too early to discuss ideas about wills, which leads to preferences about who inherits what and what's fair. A pre-nup fits into that discussion.
Re: Is a prenup always necessary when remarrying?
Who cares?Swansea wrote:Proposing a prenup to your intended can often cause you to receive a frosty reception, but one needs to do what one feels is best.
This probably won't be the last time a matter comes up that receives a frosty reception from the spouse.
Do people really think it's healthy to avoid having important discussions with their spouse because they're worried about their reaction?
It seems obvious in a second marriage that you would ask your intended, "Hey, what do you think about a prenup?"
I have a prenup. My husband tiptoed all around the question when he presented the idea to me. We both have divorced parents who were happy and in love at some point. It wasn't a big deal. I asked what he'd want in a prenup. I made some suggestions of my own. We did the prenup. It was never an unpleasant discussion.
Re: Is a prenup always necessary when remarrying?
No...a prenup should not be needed because someone should not remarry for the 2nd time. Marriage is nothing more than a contract between 2 people recognized by the state. Thats it. Your relationship will not change whether you sign that contract or not. Dont do it!
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Re: Is a prenup always necessary when remarrying?
How the state and federal governments treat you will though...ponyboy wrote:No...a prenup should not be needed because someone should not remarry for the 2nd time. Marriage is nothing more than a contract between 2 people recognized by the state. Thats it. Your relationship will not change whether you sign that contract or not. Dont do it!
Re: Is a prenup always necessary when remarrying?
Why does that kick in on marriage #2?ponyboy wrote:No...a prenup should not be needed because someone should not remarry for the 2nd time. Marriage is nothing more than a contract between 2 people recognized by the state. Thats it. Your relationship will not change whether you sign that contract or not. Dont do it!
We live a world with knowledge of the future markets has less than one significant figure. And people will still and always demand answers to three significant digits.
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Re: Is a prenup always necessary when remarrying?
It gets greedy and ugly often but not always. I had a similar situation as you for wife #2. We had a prenuptial. She challenged it, even though she probably would have ended up worse off without it, but it held. If there is an asset disparity and/or children you need a prenuptial IMO.
Last edited by Good Listener on Sat Jan 07, 2017 7:02 pm, edited 2 times in total.
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Re: Is a prenup always necessary when remarrying?
Get the prenup! No one wants to think about it, but what if you die. Not sure about your state, but in PA, spouse is entitled to 1/2, even if they are not in the will; even if they are specifically excluded in the will (doesn't work in PA). Only a prenup will allow you to make sure your kids are taken care of.
Re: Is a prenup always necessary when remarrying?
I'm not clear on whether you are asking if you legally need a prenup to protect your assets in the case of a nasty divorce, or if you are asking for a judgement call on if a prenup is a good idea.red_uu wrote: .....do I need a prenup? .....
Opinions? Thanks!
For the legal question, the answer is probably yes. For the other question, I think it just depends on how much what you have currently is worth to you. If it would take you years and years to reaccumulate your current wealth (and if the potential spouse has far less), then I'd say yes. But if it's an amount you could save again within a few years or less, I'd vote no.
Just my .02.
My wife and I have a prenup and it's never been an issue at all.
Re: Is a prenup always necessary when remarrying?
I've never married, but now that I have relatively substantial assets, no matter how much the guy has, I would want one. As another post said though, you should learn about how your state treats marital assets and then decide if you need more protection that would come from a pre-nup.
Re: Is a prenup always necessary when remarrying?
What if he moves to a different state and files for divorce in that state? Have you researched the laws in all 50 states?red_uu wrote: You're right - I guess I am just trying to determine whether I need one if the state already says that my pre-marriage assets remain mine in the event of divorce, and he would only get half of any gained home equity after we are married (which I think is fair - he will likely be contributing something).
Re: Is a prenup always necessary when remarrying?
Interesting perspectives here.
It is worth noting that less than half of divorces involve lawyers and only 2-3% of divorces go to trial. Almost all divorces that involve lawyers also involve children.
Many couples work out a way to fairly divide the assets on their own, and it's not always 50/50. Alimony is very rare nowadays. Usually it's when one spouse worked and the other didn't. In that case the non-working spouse is usually granted a small alimony allowance for a couple years so he/she can find a job.
It is worth noting that less than half of divorces involve lawyers and only 2-3% of divorces go to trial. Almost all divorces that involve lawyers also involve children.
Many couples work out a way to fairly divide the assets on their own, and it's not always 50/50. Alimony is very rare nowadays. Usually it's when one spouse worked and the other didn't. In that case the non-working spouse is usually granted a small alimony allowance for a couple years so he/she can find a job.
Re: Is a prenup always necessary when remarrying?
If there was a benefit to doing this, then wouldn't everyone simply go to a handful of states to get divorced? Similar to why so many companies incorporate in Delaware.mptfan wrote:What if he moves to a different state and files for divorce in that state? Have you researched the laws in all 50 states?red_uu wrote: You're right - I guess I am just trying to determine whether I need one if the state already says that my pre-marriage assets remain mine in the event of divorce, and he would only get half of any gained home equity after we are married (which I think is fair - he will likely be contributing something).
Re: Is a prenup always necessary when remarrying?
Considering that your state law may well change in the next few years/decades, why would you rely on it instead of an agreement?JupiterJones wrote:Prenups (whether remarrying or marrying for the first time) are only necessary if either of the two of you would prefer different "rules" governing your potential divorce that the default set of rules that already exists.
Of course, that requires learning all you can about the law in your state, and that's where a lawyer is helpful.
Re: Is a prenup always necessary when remarrying?
Sadly, in this day and age and in your situation, I would say yes. Look at your fiancée's experience. Getting cleaned out once is enough.red_uu wrote:I am divorced and own a house and some investment accounts. My fiancee doesn't have much in assets (he really got cleaned out in his divorce, but is on a good path).
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
A fool and his money are good for business.
Re: Is a prenup always necessary when remarrying?
No. For most people the difference between the divorce laws in on state versus another state is not enough, by itself, to move.Traveler wrote: If there was a benefit to doing this, then wouldn't everyone simply go to a handful of states to get divorced?
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Re: Is a prenup always necessary when remarrying?
The best answer is in the question.red_uu wrote:I am divorced and own a house and some investment accounts. My fiancee doesn't have much in assets (he really got cleaned out in his divorce, but is on a good path).
If all my accounts are in my name and my house is also in my name, do I need a prenup? I live in Virginia and it looks like these assets would be considered pre-marital in the event of a divorce, as long as I don't contribute to them with marital funds.
Opinions? Thanks!
The fact that you are asking means it is important enough to ask. . . thus a resounding "yes".
Maturity, experience, and wisdom/prudence.
Yes.
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Re: Is a prenup always necessary when remarrying?
Why only necessary when remarrying? Why not just plain old necessary.
I don't understand why people get married without them . . . other than the basic fact that most people don't plan ahead for anything other than goldilocks.
I don't understand why people get married without them . . . other than the basic fact that most people don't plan ahead for anything other than goldilocks.
Re: Is a prenup always necessary when remarrying?
If you get married with fairly equal resources and no children from previous relationships, not clear it is much of a win, as what you choose in a prenup might be pretty similar to the default rules.ThreeBears wrote:Why only necessary when remarrying? Why not just plain old necessary.
I don't understand why people get married without them . . . other than the basic fact that most people don't plan ahead for anything other than goldilocks.
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Re: Is a prenup always necessary when remarrying?
If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup? If you want to entitled to earn as much as an accountant . . . well, then you should become an accountant.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup? If you want to entitled to earn as much as an accountant . . . well, then you should become an accountant.
Re: Is a prenup always necessary when remarrying?
I guess we all have different ideas of marriage, sharing, fairness, etc. In the case you describe, I'd not get a pre-nup myself. Each to their own.ThreeBears wrote:If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup? If you want to entitled to earn as much as an accountant . . . well, then you should become an accountant.
Re: Is a prenup always necessary when remarrying?
Because the accountant thinks that both spouses in the marriage are entitled to an equal share in the financial benefits of the marriage, regardless of who earns more.ThreeBears wrote:If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup?
Re: Is a prenup always necessary when remarrying?
At the time of my wedding, I was the non-earning spouse and my husband was the earning spouse. Our prenup laid out certain protections for me - that I would receive half of our marital assets plus an additional settlement to compensate me for the fact that I was moving for him, and to ensure that I was placed - at a minimum - in the same financial place that I was in when we entered our marriage, that I could stay in our home until divorce proceedings concluded, and that I kept my cat.mptfan wrote:Because the accountant thinks that both spouses in the marriage are entitled to an equal share in the financial benefits of the marriage, regardless of who earns more.ThreeBears wrote:If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup?
But I never expected that my higher-earning husband would support me if we divorced. Yes, I was entitled to half of the wealth that we collected during our marriage - but after it? I agreed that waiving alimony was reasonable. That's an easy agreement to make when entering a marriage. I still believe it's the right thing - I don't understand the expectation that an ex-spouse should support the other. But if it was on the table, even during an amicable divorce, would I be so quick to let it go? I doubt it.
Prenups feel obvious when discussing entering a marriage with unequal assets (or unequal debts - what if someone has big student loans? credit card debt?), but they're certainly worth discussing even when spouses enter the marriage as financial equals. It allows the spouses to discuss the "what ifs" - What if I decide to be a SAHP - what are our expectations of alimony? Does it change if our children are grown or in school? What if we have no children? What happens if your earnings outmatch mine? What if one of us becomes disabled? Even if the couple ultimately chooses not to get a prenup, these are important questions to discuss.
I out-earn my husband nowadays and that cat is long dead. It seems silly that I'd stay in our residence while he went and slept on his mom's couch. But the fundamentals of how we'd split assets or waive alimony continue to be valid and sound. If we were to ever divorce, having that document would be a helpful guide to remind us about how we meant things to be split.
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Re: Is a prenup always necessary when remarrying?
mptfan wrote:Because the accountant thinks that both spouses in the marriage are entitled to an equal share in the financial benefits of the marriage, regardless of who earns more.ThreeBears wrote:If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup?
"financial benefits of the marriage" --- Right, so I know there are plenty of opinions on this. For 99% for couples, jobs earn the income. The marriage itself doesn't earn an income. Also, if the accountant still feels that way during the divorce, she can always donate any money to her husband that he didn't get during the divorce settlement.
Re: Is a prenup always necessary when remarrying?
Income is part of family finance. spending is another, in 100% of families. Some would credit a SAHP with contribution to cash flow by providing some services otherwise costing the family.ThreeBears wrote:mptfan wrote:Because the accountant thinks that both spouses in the marriage are entitled to an equal share in the financial benefits of the marriage, regardless of who earns more.ThreeBears wrote:If each chose a degree with similar earning potential, sure.
However, if an accountant marries an elementary teacher, why wouldn't the accountant insist on a prenup?
"financial benefits of the marriage" --- Right, so I know there are plenty of opinions on this. For 99% for couples, jobs earn the income. The marriage itself doesn't earn an income. Also, if the accountant still feels that way during the divorce, she can always donate any money to her husband that he didn't get during the divorce settlement.
Fair is not always equal.
In making the choice to send the partner with higher earning potential to work, should the other partner be penalized because their contribution reduces spending rather than adding income?
I believe the disparity between people's viewpoints, like mine and ThreeBear's, is reason enough to talk it out and write it down and sign it.
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Re: Is a prenup always necessary when remarrying?
Sharing >> Empowerment >> Entitlement == Human nature?
Thus . . . prenup.. . . because the future and human nature are unpredictable.
. . . and because there is, shouldn't be perceived as, nothing wrong with protecting yourself.
Ethical decisions vs Pragmatic decisions . . . . tough.
Thank goodness for Bogleheads where the financial consequences of ethical decisions can be pondered.
Thus . . . prenup.. . . because the future and human nature are unpredictable.
. . . and because there is, shouldn't be perceived as, nothing wrong with protecting yourself.
Ethical decisions vs Pragmatic decisions . . . . tough.
Thank goodness for Bogleheads where the financial consequences of ethical decisions can be pondered.
Re: Is a prenup always necessary when remarrying?
Not necessary, but prudent.
"Optimum est pati quod emendare non possis." |
-Seneca