If you signed a prenup and haven't worked during the marriage (housewife) can you ask for spousal support?
2006-10-09 17:49:07 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The prenup will be held up in court. It was your choice to stay at home and give up your income. I would not do this.
2006-10-09 17:51:25 · answer #1 · answered by wife of Ali Pasha 3 · 0⤊ 0⤋
It depends if you live in a no-fault state. Community property rights are not given up just because a prenup is signed. The prenup protects the property owned by the person prior to marriage, i.e. investments, real estate, stocks, bonds . (Ask Paul McCarthy what he thinks about Prenups, hahaha). So unless you have a substantial amount prior to marriage, then a prenup is useless, because any property earned while in the marriage is community property, i.e., retirement, pension funds.
If you live in a state with penalties for such trivial things as Adultery. Or more serious acts such as physical abuse, then you may either lose your right to the retirement, pension benefits if the other earned them, or you may lose half if you were dumb enough to cheat and beat.
Check with an attorney in the state you live in, all states have different rules.
2006-10-09 18:08:06 · answer #2 · answered by John H B 1 · 0⤊ 0⤋
Totally depends on a variety of factors. 1. What are the exact terms of the pre-nup? 2. Did you have counsel when you agreed to the pre-nup? Were you rushed, or was there any duress involved? In general, one of the only ways to get around the pre-nup would be to find a way to say its formation was invalid. Also, I would keep in mind that most courts (even without a pre-nup issue) disafavor giving spousal support for a prolonged period of time, especially if the marriage is new. Even if you prevail, don't expect a court to give you support forever. Again, everything really depends on your particular circumstance. I would definitely get an attorney. Good luck.
2006-10-09 17:58:20 · answer #3 · answered by Smart_ca_latina 2 · 0⤊ 0⤋
It honestly relies upon on the state. i'm presently going via a divorce right here in Az this is considered a "No Fault State" (or 50/50). rather which ability it does no longer remember if the two companion cheated on the different varied cases or despite. What happens is the courtroom seems at what each companion brings into the decaying marriage income sensible and comes to a decision if the two can eek out an life on their very own sole income. If one persons income is plenty extra beneficial than the others probability is very sturdy that "spousal maintenance" would be granted to the only with the small income.
2016-12-26 14:52:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on exactly what the prenup agreement states. If it doesn't state otherwise, then possibly you could get spousal support.
2006-10-09 17:53:13 · answer #5 · answered by Laura Renee 6 · 0⤊ 0⤋
Only if the state you live in allows for it and you have a disability that would keep you from working. Most states don't award spousal support any longer if the spouse who would be requesting is able bodied and CAN work...even if it means hawking fries at Mc'Donalds.
2006-10-09 17:52:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
depends on what's in your prenup.... you signed - so go read it over with your lawyer and find out what your options are.... I wouldn't ever sign a prenup!
2006-10-09 17:55:18 · answer #7 · answered by jaimestar64cross 6 · 0⤊ 0⤋
No, the prenup stands no matter what you do.
2006-10-09 17:56:12 · answer #8 · answered by DrSH 5 · 0⤊ 0⤋
what part of prenup did you not understand.
2006-10-09 18:04:50 · answer #9 · answered by BLOODHOUND 6 · 0⤊ 1⤋