should i have my fiance sign a prenup?what legal problems could i run into if i don't?

Question

ok i have about 100k in stocks,bonds savings ect and no children.he has a good job but about 30k in debt,huge child support payments,controlling nasty exwife and no savings at 35 yrs old.we do love each other BUT i do know i will allways play 2nd to his "1st" family thats what you have to deal with when you marry someone with a ready made family.so i don't plan on getting a divorce but if push can to shove i would be the 1st the go.

Answer 1

It really depends what state you live in. In many states, only the property that either of you earn DURING the marriage is considered marital property. Upon divorce, judge can only make awards of marital property. In most states, the property you own PRIOR to the marriage does not become martial property just by way of getting married, unless it is later titled tenants by the entirety. And Bank accounts titled in your name only will not become marital property unless you co-mingle the funds with marital funds. (ex., you have a 10k savings account prior to marriage. if you put $1 into this account after you are married, it becomes marital property)

But again, it depends on your state. California (and a few others) are community property states and everything gets split 50-50, even pre-marital funds.

You should consult an attorney if you are concerned. Or ask your question again in Law and Ethics category. Good luck!

Answer 2

Sure. You are obviously concsious of the situation and are not going into this blindly. You are more stable financially than he is and you just never know what may happen down the road. My grandmother remarried (many years after being widowed) at 60+, she has since gotten a divorce and she had him sign a prenup. Best thing she ever did! She had a great deal more money than him and even with a prenup he went after her for everything. He got more than he needed, having brought nothing to the marriage. But if she had not had the prenup he might have gotten half and she'd probably be paying him alimony. So, if you get a divorce after 7 years, he is entitled to half of your money and your retirement, and lucky you, you get his debt. You just never know what might happen and you seem like a smart woman, so you got to cover your ***! Good Luck!

Answer 3

In the case of a divorce, in most states, you split half the assets. In some states you may split maritial property (stuff acquired after the wedding) and in most you might have to split everything. When you get married, you will probably want to pay off his debt, so you are going to be incurring alot of his fincnail baggage...as a matter of fact,with that much in assets..you are like his financial savior...thats not good....you should get a pre-nup or at the very least consult with a family law lawyer...a lot of the legalities depend on your state.

Are you sure you want to marry him with that kind of bagage? There is a strong financial situation difference between the two of you.

Answer 4

I would def sign one. I know what you are saying about the fact that everything is good for NOW, but you never know what is gonna happen in life!
I am also dating a guy with an ex wife and a daughter, so I know how you are feeling, and even though I love him and everything is well right now, I can be realistic and also prepare for whatever might happen... for me it means getting an education and a career, and for you in this case I would say it means signing a prenup.

Answer 5

u don't but he should
u should draw it up
or else he will end up divorcing u for all ur savings
put on it that u get to keep everything u have made u have made while u were together and be4 that
and the rest is his so u gotta keep ur paychecks

Answer 6

Given his situation I'd say YES!

Otherwise I'd say no lol!