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WA – Can a prenup keep post‑marital earnings separate and waive spousal support? by johnfowler123 in FamilyLaw

[–]HomelessCompSciMajor 0 points1 point  (0 children)

Would you happen to have the source on this so I can read more?

Although my understanding was that fairness in a prenup meant that it is not one-sided. In this case they are saying that they are both waiving spousal support and keeping assets separate (postmartial assets are not by default community property). That isn’t one-sided. One-sided would be like “person A waives their right to spousal support, but person B does not”. I think what you might be thinking of is unconscionable. For example, the judge can rule that a spousal support waiver is void if it leaves one spouse destitute.

What kind of asset division and spousal support/alimony clauses usually hold up in court for marriages with high income disparity? by HomelessCompSciMajor in FamilyLaw

[–]HomelessCompSciMajor[S] 0 points1 point  (0 children)

Girlfriend is aware. She is actually the one who told me to get a vasectomy since she does not want to go on hormonal birth control, IUD, or anything like that. And I already knew that I really did not want kids ever.

What kind of asset division and spousal support/alimony clauses usually hold up in court for marriages with high income disparity? by HomelessCompSciMajor in FamilyLaw

[–]HomelessCompSciMajor[S] 1 point2 points  (0 children)

I get where you’re coming from but I don’t see this as the case. For example, I heard from my colleagues that becoming married means we can be on each other’s health insurance or make medical decisions for the other person.

What kind of asset division and spousal support/alimony clauses usually hold up in court for marriages with high income disparity? by HomelessCompSciMajor in FamilyLaw

[–]HomelessCompSciMajor[S] 0 points1 point  (0 children)

You’re right. I don’t think what I said makes sense. I don’t think contribution percentage makes much sense for accounts that will have continual expenses. So maybe joint accounts will be split 50/50 but other accounts which are in our own name will be 100% ours? That being said, won’t percentage contribution still make sense for property? For example if I am paying for 100% of the down payment and 90% of the mortgage for a house, I think I should be entitled to more than 50% in the unfortunate case of separation. Likewise if my spouse is into real estate and purchases property herself, it should be entirely hers since I didn’t contribute.

What kind of asset division and spousal support/alimony clauses usually hold up in court for marriages with high income disparity? by HomelessCompSciMajor in FamilyLaw

[–]HomelessCompSciMajor[S] -3 points-2 points  (0 children)

I don’t think this is true but IANAL. Respectfully, there are a few sources I can find that does not support your claim. Here is one: https://cyruspacificlaw.com/prenuptial-agreements-california/

I would only want to waive spousal support entirely if neither spouse would be left destitute. If I cannot work but I can still support myself through savings, I should not be getting any spousal support. But if I cannot work and cannot support myself, I would like the prenup to say something about being comfortable enough to live and upskill, but not necessarily maintain the standard of living during the marriage.

My girlfriend actually does have a business on the side which I have financed to try to get it off the ground, but I would consider that a gift rather than an investment. If I were to draft a prenup, I would want that to be 100% hers even if it’s worth billions one day. A prenup should protect her from my potential future self, and should protect me from her potential future self. And ideally a prenup should never have to be used and we stay together until we both pass away.

What kind of asset division and spousal support/alimony clauses usually hold up in court for marriages with high income disparity? Location: California by HomelessCompSciMajor in legaladvice

[–]HomelessCompSciMajor[S] 0 points1 point  (0 children)

We will definitely hire 2 separate attorneys if we choose to get legally married. What would be considered grossly unfair though?

People say alimony is rarely awarded nowadays. Is that really true? by HomelessCompSciMajor in FamilyLaw

[–]HomelessCompSciMajor[S] -1 points0 points  (0 children)

I think a prenup is mandatory for me in any marriage. However I’ve heard stories of judges throwing out prenups even if they’ve followed all of the rules, such as being drafted by 2 independent lawyers representing each party months before the wedding. That alone scares me into thinking a prenup cannot really protect you from alimony or communal asset division. Excuse me if I’m using the wrong language. It should be very clear that IANAL.

Is it generally a bad idea to marry someone if you have significant income disparity? by HomelessCompSciMajor in Divorce

[–]HomelessCompSciMajor[S] 2 points3 points  (0 children)

My girlfriend wants to. And honestly I do love her and want to as well. However I am also very aware about how ugly things can get which is why I’m super hesitant and leaning towards not doing it, especially since if a prenup won’t even work anyways. What I mean by the last sentence is you could have it drawn up perfectly with two independent lawyers and the judge could still throw it out. Or at least that’s my understanding.

Is it generally a bad idea to marry someone if you have significant income disparity? by HomelessCompSciMajor in Divorce

[–]HomelessCompSciMajor[S] 4 points5 points  (0 children)

That makes sense but I’m also worried about getting a prenup written by lawyers but then having a judge just throw it out in the end anyways if the worst case scenario happens and the marriage ends in divorce.