prenup?

5 comments

1. Balanced prenup is welcome.

   Dont marry if you have concerns with someone’s background or past. Think about it before marriage.

   Yes, there should be some consideration of Infidelity during divorce.

   Marriage is a team work.
   Even if one partner is earning and other is SAH , even then they are equal.

   If you face any issue in marriage, put your foot down immediately. If you push aside and it grows bigger and worse, it’s on you.

2. In US prenup can cover only finances as far as I know. It cannot cover or even mention cheating, kids, etc.

3. No, the combined assets of the marriage are split. Its not like, you earn $100k and they earn $60k so you give them $50k and they get to keep all their shit. That would be ludicrous.

   It’s more like, two people get married. One of them gives up work to care for the children and house. Eventually goes back to work but has half the income because their career has been set back. Also their retirement fund is much lower.

   Couple divorces. Partner 1 earns much more, and has greater earning capacity in the future, partner 2 earns less and will continue to earn less. The assets are split in favour of partner 2, say 60:40, to try and even up the imbalance.

   If you think about the cheating thing for a hot second you’ll see it wouldn’t make sense. High earning partner A wants a divorce, but doesn’t want Partner B to get a share of the assets. Partner A claims partner B was cheating. Partner B denies it. Now what?

4. A prenup covers assets before marriage which is why prenups typically are written up by when wealthy marry. It is also not a given they lose half during a divorce. It is default if they cant agree. They can agree on a different split

5. Almost all divorces these days are no-fault (usually called irretrievable breakdown or irreconcilable differences). There’s no benefit to filing a fault vs no fault divorce as someone’s cheating isn’t a factor in asset division or alimony. The one exception would be someone depleting marital assets to take their affair partner on international vacations or buying them thousands of dollars in jewelry. The factors that are considered are usually things like age, income, earning capacity, contributions to the marital estate (including raising children or being a stay at home spouse). Each state will define the specific factors in their state’s divorce laws. Generally prenups have to be equitable at the time they were signed and the time they’re enforced, so if you live in a state that would divide assets 50/50, it’s not enforceable to have an extremely one-sided prenup. But you can do things like specify who gets what and agree to someone keeping the house while the other spouse keeps retirement assets, for example.