QUESTION

How do I protect my assests from my boyfriend's ex-wife after we are married?

Asked on Dec 09th, 2014 on Family Law - Virginia
More details to this question:
My boyfriend and I have been together for 2 years and on paper, we make a good living together. However, he is a divorced father who pays alimony (which will be over in Sept 2015) and child support for two kids (ages 8 and 6). With half his paycheck going to his ex for 4 years, he's left with no savings, no retirement, land ALL of the marital debt, to include a repossessed vehicle, credit cards, and a foreclosure. How can I protect my assets when we get married? We will be maintaining two separate households because I own my 1 bedroom condo and he will continue to rent a 3 bedroom house as the "kid home" closer to where she chose to move them to keep him out of their lives. I'm concerned that she will come after the both of us for money after alimony ends. Can she subpoena my financial records?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Your boyfriend's ex-wife cannot come after your assets and any support she receives is based only on his income, not yours.  However, if you plan to acquire things together you may want to have a prenuptial agreement, since it seems that you are the one who will be contributing the most to the marriage, while much of his income is going to others. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Dec 09th, 2014 at 7:34 PM

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