Originally posted by: alkemyst
Originally posted by: RKS
Originally posted by: alkemyst
Originally posted by: RKS
your comment however, is idealistic not realistic. there is a reason why most family/divorce attornies are quite well-off.
If you have no assets you are bringing to the table what are you going to base a pre-nup on. I have not heard of one that stood in court based on 'future assets while married'.
earning potential usually based on education
if one spouse is going to school while the other is the earner or foregoes opportunities then all future assests that were foreseeable will come into consideration during a divorce. A pre-nup may specify that each partner is entitled to what they earned directly, not as a partnership.
It doesn't work this way at all and many prenups based on things like 'the wife doesn't work so she didn't contribute to the gain of assets' have fallen apart in court.
For one a pre-nup in the OP's situation is retarded to begin with, and this is now an argument on more 'what if' than 'what is'.
If you went to school 10 years and your marry while your wife is still in school....are you saying she doesn't have the potential to add to earnings in the furture? Are you saying any gain in assets are 100% the graduated spouse?
Every partner contributes...whether it's preparing a meal, mailing out bills, washing the car, making sure someone is home for a house call....etc.
Once you marry, most courts look at that as now a partnership...if you are making 6 figures+ a year and decide to marry a 4-5 figure drop out, that was YOUR decision and in making a partnership (marriage) you are agreeing to be one financially at that point on.
A pre-nup is designed to keep all the assets you had gained prior to marriage safe, as well as certain contractual obligations that the third-parties would not want a spouse involved in.
Nothng stops one for getting a ridiculous pre-nup though and spending big bucks on it....however; if the court doesn't find it fair it's pointless....most courts will not rule for a rich spouse trying to 'disown' a previously poorer one during a divorce, no matter who instigated it.