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Is a pre-nuptual agreement needed here?


MojoMan
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She: Cash ~ 75K; Retirement probably also around 75K; Income ~280K

 

He: Cash ~200K; Retirement about 250K; income ~215K

 

This is very rough guesswork. I know that she has little assets compared to income because of some bad investments.

 

They bought a house together. Cars in their own names.

 

Does either one need a prenup?

 

My assessment, if the marriage goes bad quickly, he's screwed...loses half of his assets.

 

If the marriage goes bad after several years, her extra income will make up for the difference at the beginnning.

 

Best situation - they stay married.

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This is another one of those areas I agree with Dave Ramsey on. Unless you have a couple million dollars, you don't need a prenup. You are either ready to get married or not. I think the phrase he uses is, "The pastor said let you be one. He didn't pronounce you a joint venture." He used to be 100% against prenups but he changed his mind over the years because of the fruit loops that show up in the picture when you have a few million dollars. :wacko:

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Combined income of half a million dollars? If I was the guy involved in this, I'd just ship my existing assets offshore or something without telling her they ever existed, then live off her money while spending my days doing hookers and blow. She'll never know, she's working all day.

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Dunno. In community property states assets acquired before marriage don't get divided in a divorce: only the fruits of their labor post-marriage. (Gifts and inheratance stay separate, as well). The problem comes when they commingle their accounts and you can't tell whose is whose anymore.

 

I always advise my clients to get a prenup. That way when they don't - and things go to hell in a hand basket - they can't blame me for anything. If you're getting married when you're young and poor (or just poor) it doesn't matter. But once a have a little money its worth considering. Hey, if you ask for a prenup and your betrothed throws a hissy fit, that's a red light in my book. A prenup only needs to spell out what happens in the event of divorce: that can be whatever they want it to be. That ought to be the kind of conversation you can have with someone before entering into a lifetime commitment with them.

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That ought to be the kind of conversation you can have with someone before entering into a lifetime commitment with them.

 

it's not so much that I disagree with what you're saying about being careful and such, but if you're truly entering into a lifetime commitment with them then the whole discussion is moot. in my view, it's not unreasonable for one partner to see the other bringing it up as reflecting some uncertainty on their part. it's putting a little wedge in there before the "union" even begins. it depends how both partners view marriage, I guess, but in general I just think prenups are pretty tacky, and best left out of the picture except in cases of major inequality going in.

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it's not so much that I disagree with what you're saying about being careful and such, but if you're truly entering into a lifetime commitment with them then the whole discussion is moot. in my view, it's not unreasonable for one partner to see the other bringing it up as reflecting some uncertainty on their part. it's putting a little wedge in there before the "union" even begins. it depends how both partners view marriage, I guess, but in general I just think prenups are pretty tacky, and best left out of the picture except in cases of major inequality going in.

About half of all marriages end in divorce. Like they say: hope for the best, plan for the worst. Because - chances are - if a prenup discussion is what kills your relationship, it wasn't going to last in the first place.

 

Look. No one wants to think they're house is going to burn down, they'll kill someone is a car wreck, or die before their time. And yet we all get insurance for those things when they are statistically FAR less probable than a divorce. A prenup is merely insurance against something no one wants to happen, but probably will. I get that it's unromantic, but marriage is about a heck of a lot more than just romance.

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Combined income of half a million dollars? If I was the guy involved in this, I'd just ship my existing assets offshore or something without telling her they ever existed, then live off her money while spending my days doing hookers and blow. She'll never know, she's working all day.

 

 

:highfive:

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Worst possible case scenario is that they guy loses $150K--which is less than 9 months worth of income for him. And the break-even point for her contributing more to the marriage than he has is just over two years. Does the guy really sign a prenup over that? Seriously?

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Worst possible case scenario is that they guy loses $150K--which is less than 9 months worth of income for him. And the break-even point for her contributing more to the marriage than he has is just over two years. Does the guy really sign a prenup over that? Seriously?

+1

 

Even ignoring my 2cents that nobody needs a prenup unless they have 2-3 million, the numbers on this don't look that uneven. The chances of not being married for at least 2 years is pretty small. Typical divorces happen after 2, 7, or 25 years of marriage.

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