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If I opt to not sign a prenuptial agreement, do I still have to split my future inheritance wealth?
Hypothetically, if I bring no assets to the marriage and I do not sign a prenuptial agreement, do I have to still pay my wife half of the stuff I will inherit from my parents? Say she divorces me right now and in 10 years I receive 5 million dollars worth of money from my dad's business upon his death. How would this scenario work in general? Would it be wiser to transfer a large sum of money to me AFTER marriage WITHOUT signing the agreement? Thanks in advance.
8 Answers
- PoohBearPenguinLv 75 years agoFavorite Answer
Pre-nup only protects assets BEFORE the wedding.
If you get divorced, and come into money AFTER the divorce - then tough luck. She gets nothing.
If you get married, come into money, THEN get divorced, she still gets half even IF you signed a pre-nup. Remember, the pre-nup only covers your assets you had from before the marriage. Anything the two of you earn AFTER you get married has to be split 50-50 if you divorce.
- PatriciaLv 75 years ago
Hi... you can't have a prenuptial agreement if you go into a marriage without assets/holdings. Because you have nothing to protect.
Meanwhile, if a person has an inheritance during the marriage, it might be considered mutual marital property or it might not. For example, 20 years ago if i were to gain an inheritance which were all stocks in the State of Michigan, these would be mine, not my husband's and mine. I have no idea what the laws are in every State or if Michigan's law still holds true? I haven't worked for a law firm in a while.
If a couple gets a divorce today, they are no longer tied to each other. So future windfalls or capital gains, either from inheritance or working income has nothing to do with your marriage after a divorce is finalized.
- Living the DreamLv 75 years ago
Some states include inheritances as marital property. Some don't. It would depend on the laws of the state you get a divorce in.
Only assets that you are actually in possession of, or have contributed to (some states will include 401(k)/IRA/pensions) are used. A future inheritance is not included in a divorce, as for the time being, it's not your money. Your parents could die the day after the divorce is finalized, and she couldn't get a dime.
- seedy historyLv 75 years ago
In the USA, in most states, inheritance is considered the sole property of the inheritor and not community property of the marriage. If you have an ex-wife, NO WHERE will she be able to attach to whatever your inheritance is after your divorce. If you have children and she has primary custody... the courts COULD decide that your children deserve a lifestyle that you could afford to provide for them as an amendment after the fact.
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- Anonymous5 years ago
Laws vary from state to state, and prenups are new enough that law is still being made. Instead of asking a group of basement dwelling adolescents on YA, you should consult a lawyer.
- Anonymous5 years ago
Woah
- LizLv 75 years ago
Do you honestly not understand that laws differ from place to place? How old are you?