SAHP postnup

[Anonymous]

What provisions would you include in a post-nup when one spouse is about to become a stay at home parent? Assume that both partners have comparable earning power (currently anyway), education levels, no family money, and live in Virginia. Trying to think this through, so thank you for any insights or advice.

[Anonymous]

I don't really understand postnups. If you divorce you are entitled to half of anything earned durning the marriage. How would a postnup change that, unless you are trying to ensure the SAHP walks away with more than the working spouse?

[Anonymous]

Anonymous wrote:I don't really understand postnups. If you divorce you are entitled to half of anything earned durning the marriage. How would a postnup change that, unless you are trying to ensure the SAHP walks away with more than the working spouse?

Presumably OP wants to guarantee some form of alimony to make up for lower earning capacity during time out of the workforce.

[Anonymous]

Anonymous wrote:I don't really understand postnups. If you divorce you are entitled to half of anything earned durning the marriage. How would a postnup change that, unless you are trying to ensure the SAHP walks away with more than the working spouse?

If they are still a SAHP at the time of divorce it would help to have already negotiated alimony. Otherwise you’re dealing with high emotions and a possible court battle. Otherwise I agree with your point on marital assets.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I don't really understand postnups. If you divorce you are entitled to half of anything earned durning the marriage. How would a postnup change that, unless you are trying to ensure the SAHP walks away with more than the working spouse?

Presumably OP wants to guarantee some form of alimony to make up for lower earning capacity during time out of the workforce.

Ok. Not all states enforce postnups, so I would first find out if Virginia does. Also find out what their default alimony calculator is. You may be covered.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I don't really understand postnups. If you divorce you are entitled to half of anything earned durning the marriage. How would a postnup change that, unless you are trying to ensure the SAHP walks away with more than the working spouse?

Presumably OP wants to guarantee some form of alimony to make up for lower earning capacity during time out of the workforce.

Ok. Not all states enforce postnups, so I would first find out if Virginia does. Also find out what their default alimony calculator is. You may be covered.

PP and Virginia does. In fact they are enforceable by statute. There is no default alimony calculator, it is not like child support.

[Anonymous]

Anonymous wrote:What provisions would you include in a post-nup when one spouse is about to become a stay at home parent? Assume that both partners have comparable earning power (currently anyway), education levels, no family money, and live in Virginia. Trying to think this through, so thank you for any insights or advice.

- put the house in the SAHP’s name
- agree on alimony

[Anonymous]

Why do you need a postnup?

[Anonymous]

You really need to talk to a good divorce attorney. In fact, both of you should. If you're so concerned that you're going to set up a postnup then you both need to go in with your eyes wide open.

[Anonymous]

I don’t know why people are so skeptical of postnups. Any woman who is giving up a well-paid career to support her husband’s should. And if a husband isn’t actually willing to enter into a postnup he should re-think letting her do that.

[Anonymous]

NP. I've seen some of these young tech couples who are making a ton of money. One parent starts staying at home. Working parent then becomes super wealthy. Then a fight for how much SAHP deserves. And a super wealthy tech person has plenty of money to fight however he/she wants.

[Anonymous]

Spousal support
Child expenses above spousal support (car ins, cell phone service, cell phone purchase, car purchase, prom and other dances expenses, college app and college visit fees, lessons, tutoring, equipment, books, study aids, college counselors, bday parties, salon fees, computer, unreimbursed med exp, etc - how they will be divided)
College expenses
Life insurance at least thru youngest child turning 25

[Anonymous]

Anonymous wrote:NP. I've seen some of these young tech couples who are making a ton of money. One parent starts staying at home. Working parent then becomes super wealthy. Then a fight for how much SAHP deserves. And a super wealthy tech person has plenty of money to fight however he/she wants.

For couples like this, the postnup should also account for RSUs or other stock vesting after the divorce. Also that awards through the date the divorce is finalized should be accounted for.

[Anonymous]

This is what lawyers are for, OP. Talk to one.

[Anonymous]

Anonymous wrote:NP. I've seen some of these young tech couples who are making a ton of money. One parent starts staying at home. Working parent then becomes super wealthy. Then a fight for how much SAHP deserves. And a super wealthy tech person has plenty of money to fight however he/she wants.

I’m recently divorced. There is nothing to fight over. I’m in Virginia, everything is split down the middle. The wealthy tech person will hire a lawyer who will tell him the same thing.

Only issue of contention is custody.