QUESTION

What can I do if we have a pre-nup where his and assets were gained before our marriage and my property grew after the marriage and we divorce?

Asked on Apr 24th, 2014 on Divorce - Idaho
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Is there a way to protect my assets that are gained during the marriage? I was told in the happening of a divorce that because his assets were established before the wedding and that my business/assets will be growing more after the wedding, that I would have to pay him 50% of what I worked for. If he is keeping his retirement, pension, Roth IRA's etc. free and clear, what can I do to have to pay him anything also?
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2 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Cannot evaluate on this minimal information. You need to have the documents review by an attorney.
Answered on Apr 24th, 2014 at 12:17 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably not. Unless the pre-nup provided for you making your own separate property after the marriage, anything earned after marriage is generally community property. However, there may be factors that could apply here, so you need to hire a family lawyer to first look at the pre-nup and explore what happened when the pre-nup was signed and then do his or her best to protect your assets in the divorce proceeding.
Answered on Apr 24th, 2014 at 11:51 AM

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