• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to Protect what's yours Through and After a Marriage

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? ANY ...

This may sound a bit shady, but I have just heard too many horror stories about what happens to the male spouse's money, savings, and income after a divorce. For example, what I read tonight on a random web site echoes what I have read and heard throughout my life: "You will be raped for everything you earned during the marriage, plus most of what you will earn for years to come"

However I know there's a difference between he who goes *into* a marriage with his "ducks in order" ahead of time, versus he who goes into a marriage with no planning whatsoever. I know there are ways to allocate your savings - places it can be put (offshore? included as an asset in your business? etc..) .. and other legal matters a wise male spouse (or well-to-do female spouse) can do ahead of time to protect their assets after the marriage. *IF* it is assumed that what you have prior to the marriage will always be yours - no questions asked - and there are NO exceptions to that rule, then okay. But if not ... please let me know what steps can be taken.

Likewise - what about that which is earned during the marriage?

Lets say I run my own business. Have done so for 13 years. It grosses about $900,000 a year. Lets say I get married, and the first year of the marriage the business grosses 1 million. And then continues to do so for 10 years of the marriage. Yet during the marriage, I run the business, while she is doing her thing - whether it be a 9 to 5 job or otherwise.

Lets say she spends some of my money during the marriage as part of living expenses. For some reason I highly doubt I can get that back! .... but is she going to be entitled to part of what is built during the marriage even if Im the one running my own corporation? If so .... how much and .... why??

The reason I didn't put a state at the top is because i have another question - ive heard people tell me that getting married in different states makes a huge difference. For example if you can somehow talk the girl in to marrying you in Las Vegas ... the Nevada law is much different from California. And i am sure there are certain states which are EXTREMELY smart to get married in if you're interested in protecting your income and assets.

I guess the bottom line is this:

I want to come out of the marriage the same way I came in. Owning my own business, getting my own income, and not having to give her ANY percentage of it. I understand if we bought a house - we have to split it ... or someone gets it. If we buy two cars, etc ... thats all common sense.

What im worried about is the stuff that isnt common sense. The surprises. Things that could have been planned for ahead of time.
 


ecmst12

Senior Member
A prenup can protect assets you had before marriage, but anything accumulated or earned during the marriage is generally considered marital or community property, depending on the state.

The state where you live, not where you get married, is where any divorce will be settled, so those are the laws that will apply.

Generally, if you are worried about your money, your best bets are to consult a lawyer prior to marriage, don't marry someone who has a lot less money than you, definitely don't have any kids and let your spouse become a stay-at-home parent, or just don't get married at all.

Also, it has nothing to do with your gender.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? ANY ...

This may sound a bit shady, but I have just heard too many horror stories about what happens to the male spouse's money, savings, and income after a divorce. For example, what I read tonight on a random web site echoes what I have read and heard throughout my life: "You will be raped for everything you earned during the marriage, plus most of what you will earn for years to come"

However I know there's a difference between he who goes *into* a marriage with his "ducks in order" ahead of time, versus he who goes into a marriage with no planning whatsoever. I know there are ways to allocate your savings - places it can be put (offshore? included as an asset in your business? etc..) .. and other legal matters a wise male spouse (or well-to-do female spouse) can do ahead of time to protect their assets after the marriage. *IF* it is assumed that what you have prior to the marriage will always be yours - no questions asked - and there are NO exceptions to that rule, then okay. But if not ... please let me know what steps can be taken.

Likewise - what about that which is earned during the marriage?

Lets say I run my own business. Have done so for 13 years. It grosses about $900,000 a year. Lets say I get married, and the first year of the marriage the business grosses 1 million. And then continues to do so for 10 years of the marriage. Yet during the marriage, I run the business, while she is doing her thing - whether it be a 9 to 5 job or otherwise.

Lets say she spends some of my money during the marriage as part of living expenses. For some reason I highly doubt I can get that back! .... but is she going to be entitled to part of what is built during the marriage even if Im the one running my own corporation? If so .... how much and .... why??

The reason I didn't put a state at the top is because i have another question - ive heard people tell me that getting married in different states makes a huge difference. For example if you can somehow talk the girl in to marrying you in Las Vegas ... the Nevada law is much different from California. And i am sure there are certain states which are EXTREMELY smart to get married in if you're interested in protecting your income and assets.

I guess the bottom line is this:

I want to come out of the marriage the same way I came in. Owning my own business, getting my own income, and not having to give her ANY percentage of it. I understand if we bought a house - we have to split it ... or someone gets it. If we buy two cars, etc ... thats all common sense.

What im worried about is the stuff that isnt common sense. The surprises. Things that could have been planned for ahead of time.


Easy answer: don't get married.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? ANY ...

This may sound a bit shady, but I have just heard too many horror stories about what happens to the male spouse's money, savings, and income after a divorce. For example, what I read tonight on a random web site echoes what I have read and heard throughout my life: "You will be raped for everything you earned during the marriage, plus most of what you will earn for years to come"

However I know there's a difference between he who goes *into* a marriage with his "ducks in order" ahead of time, versus he who goes into a marriage with no planning whatsoever. I know there are ways to allocate your savings - places it can be put (offshore? included as an asset in your business? etc..) .. and other legal matters a wise male spouse (or well-to-do female spouse) can do ahead of time to protect their assets after the marriage. *IF* it is assumed that what you have prior to the marriage will always be yours - no questions asked - and there are NO exceptions to that rule, then okay. But if not ... please let me know what steps can be taken.

Likewise - what about that which is earned during the marriage?

Lets say I run my own business. Have done so for 13 years. It grosses about $900,000 a year. Lets say I get married, and the first year of the marriage the business grosses 1 million. And then continues to do so for 10 years of the marriage. Yet during the marriage, I run the business, while she is doing her thing - whether it be a 9 to 5 job or otherwise.

Lets say she spends some of my money during the marriage as part of living expenses. For some reason I highly doubt I can get that back! .... but is she going to be entitled to part of what is built during the marriage even if Im the one running my own corporation? If so .... how much and .... why??

The reason I didn't put a state at the top is because i have another question - ive heard people tell me that getting married in different states makes a huge difference. For example if you can somehow talk the girl in to marrying you in Las Vegas ... the Nevada law is much different from California. And i am sure there are certain states which are EXTREMELY smart to get married in if you're interested in protecting your income and assets.

I guess the bottom line is this:

I want to come out of the marriage the same way I came in. Owning my own business, getting my own income, and not having to give her ANY percentage of it. I understand if we bought a house - we have to split it ... or someone gets it. If we buy two cars, etc ... thats all common sense.

What im worried about is the stuff that isnt common sense. The surprises. Things that could have been planned for ahead of time.

The only way to do that is to have a good prenup, and to make sure that she has her own attorney to review the prenup and sign off on it.

It also does not matter AT ALL what state you got married in. It matters what state you are residing in when you divorce.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top