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They are legal binding contracts with protections under individual state laws. Courts frown upon people playing house together and then tying up the courts because they have no state marriage contract and little protection.
Nah, the states like them because they can hold a spouse responsible for the other's debts in some cases (at one point a hospital attempted to attach my wages for my first husband's unpaid medical debts). They can also hold off using Medicaid funds to pay for a spouse's LTC until the healthy spouse is down to something like $120K in assets, and can base eligibility for needs-based programs on joint assets and income. (Not saying all of this is wrong but it's the existence of marriage that makes the difference.)
I do see one other good reason for the bureaucracy to like marriage; it's typically the criterion for whether or not your roomie can get on your employer's health insurance plan. It's a lot more rigorous than letting someone's Partner of the Month or even some friend who needs the insurance from moving in and signing up. This can be partly circumvented by covering people in "domestic partnerships", which established some criteria for a serious relationship, back when gay couples couldn't be married.
You'd be surprised how feelings change in a nasty break-up or divorce.
Well, that's kind of the point of the pre-nup, isn't it. He might be spiteful and resentful of her eight years from now but HE can hardly complain about the result from an agreement that was (presumably) drafted by his lawyer at his behest.
Location: As of 2022….back to SoCal. OC this time!
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Originally Posted by zach0
Considering the high divorce rate in the country, it would seem wise for the breadwinner to protect himself in case the girl doesn't actually believe in "together forever, for better or worse," right? Does getting upset at prenup talk signal that a girl's true intentions are really about having the ability to rob a man on the way out? I can't see why someone would need the ability to charge a breakup fee if they were really serious about marriage.
Men AND women can want prenups to protect themselves......it's not the most romantic or fun thing to think about the end of your relationship BUT ita it's totally fair & necessary to have that conversation if you are marrying somebody that has a lot more money.
A prenup is a must for me. And I'd recommend that anyone coming into a marriage with significant assets (and this goes for if both have significant assets as well) get a prenup. My rationale is why should you be entitled to anything I earned on my own before marriage? If we both came into the marriage broke, then no, I would not mandate a prenup and would have no problem--in the event of a divorce--sharing what we would have earned together while married.
A prenup is a must for me. And I'd recommend that anyone coming into a marriage with significant assets (and this goes for if both have significant assets as well) get a prenup. My rationale is why should you be entitled to anything I earned on my own before marriage? If we both came into the marriage broke, then no, I would not mandate a prenup and would have no problem--in the event of a divorce--sharing what we would have earned together while married.
For MY state, ymmv, the above totally misses the point. Marital property law already states that the assets you bring into a marriage remain entirely yours. (Unless you're dumb and buy joint property with spouses name on it too.) The prenup protects assets you acquire AFTER the marriage. It says that if you divorce, spouse can't take half of what you earned or acquired during the marriage. Not before the marriage.
For MY state, ymmv, the above totally misses the point. Marital property law already states that the assets you bring into a marriage remain entirely yours. (Unless you're dumb and buy joint property with spouses name on it too.) The prenup protects assets you acquire AFTER the marriage. It says that if you divorce, spouse can't take half of what you earned or acquired during the marriage. Not before the marriage.
Even in such states where the law attempts to keep marital and separate property distinct from each other, the law often won't provide for the same protection for those assets that a prenup will as the law often allows for property that otherwise would be kept separate to be up for equitable distribution if such property was co-mingled with marital property (I note that marital property and separate property can mean the same or different thing depending on the jurisdiction, but I refer to them as different things for the purpose of my post) or if the complaining spouse can show that s/he worked to improve the value of your separate property. For instance, see: https://www.livesaymyers.com/divorce...-distribution/ A prenup is more air tight than the laws of marital property in that regard.
Location: As of 2022….back to SoCal. OC this time!
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Originally Posted by prospectheightsresident
My rationale is why should you be entitled to anything I earned on my own before marriage?
If somebody is marrying you for the right reasons tho.....she would be ita. We don't want earnings a man made before he married us.
I've been accused or questioned of it this past year when I was dating my Bf....& now that he is my fiance.... by his friends & even strangers. Ofc I want to show my fiance I'm not with him for his money.
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