QUESTION
Rule 410 in short term marriage and contesting prenup
Asked on Nov 21st, 2013 on Divorce - Massachusetts
More details to this question:
My marriage was a short term one (less than 18 months) & I had a prenup. My husband entered the marriage with nothing & went back to live with his parents where he was living up until we returned from our honeymoon so he is back in the exact same position he was in at the time of marriage. We purchased nothing together during the marriage. However now my husband is trying to contest the prenup. I'm not too worried or concerned about what is covered in prenup (or should I be?), but have concerns on anything additional. For example, if a bank account had $20K in it at time of marriage but now has $25K, is he entitled to half of that additional 5k? Also, on 410 docs, as we were married for just 18 months before filing for divorce, are they still entitled to 3 years of statements? And would that begin at the time of divorce filing or time of separation? In between separation and filing for divorce (about 3 weeks) I used savings to pay back some money I owed.
1 ANSWER
Dear Anonymous,
The division of assets and debts is based on what is equitable. Generally that means 50/50. The amount that is normally divided is the increase in equity of the asset. If the marriage is only 18 months, then you should be able to successfully argue that the discovery should only go back to the date of marriage.
If you have additional questions, do not hesitate to contact my office at 617-410-6467.
Answered on Dec 10th, 2013 at 5:25 PM
Wyckoff Nissenbaum 617-466-6620 somervillelawoffice.com