Prenup - 401K accounts

[candg918]

What is the name of your state? OK

Can a prenup specifiy that retirement, investment and inheritance accounts existing prior to marriage and not comingled with income earned, retirement funds or accounts opened after marriage remain the sole property of the original owner.

I am concerned about appreciation in retirement and other investments being considered marital property which would be divided in the event of a divorce.

The stipulation would apply uniformly to both parties.

What specialty is the best to approach to draw-up a prenup - family or estate planning law?

Thanks.

 

[Ohiogal]

What is the name of your state? OK

Can a prenup specifiy that retirement, investment and inheritance accounts existing prior to marriage and not comingled with income earned, retirement funds or accounts opened after marriage remain the sole property of the original owner.

I am concerned about appreciation in retirement and other investments being considered marital property which would be divided in the event of a divorce.

The stipulation would apply uniformly to both parties.

What specialty is the best to approach to draw-up a prenup - family or estate planning law?

Thanks.

Normally retirement and inheritance existing prior to marriage and NOT comingled remains separate property. Retirement earned/saved before marriage is separate property. Investments -- are you actively trading these during marriage or not?

 

[candg918]

The investments are mutual funds which may be rearranged and are at the company handling the IRAs and rollover 401K. These are 3 times the value of the retirement accounts.

There may be stocks purchased through the employer's benefit program in the future.

There is a house co-owned with a parent in which a disabled brother lives rent free.

The investment income is reported on the single filer income tax and is about 5% of normal salary.

 

[LdiJ]

The investments are mutual funds which may be rearranged and are at the company handling the IRAs and rollover 401K. These are 3 times the value of the retirement accounts.

There may be stocks purchased through the employer's benefit program in the future.

There is a house co-owned with a parent in which a disabled brother lives rent free.

The investment income is reported on the single filer income tax and is about 5% of normal salary.

You can put anything that you want into a pre-nup. The key is whether or not it will hold up in court if its ever challenged.

If you are serious about this you need to use an attorney, and be advised by your attorney.

There also might be more creative ways to deal with the issue of your disabled brother's home. Some sort of trust might be a better way to go with that, depending on what your long term intentions are.

 

[candg918]

Thanks for the replies. As usual, this is more complex than I expected. I am leaving on a trip. I'll be back for more suggestions when I return.

 

[Bali Hai]

Thanks for the replies. As usual, this is more complex than I expected. I am leaving on a trip. I'll be back for more suggestions when I return.

If you are not married yet, DON'T be stupid and get married on your trip or after! Why buy the cow when the milk is free??

I just hope I caught you in time!