S/o collecting alimony...post nuptial agreements

[Anonymous]

I don't mean to hijack this thread, so if I should start my own thread, please let me know, (new poster here). Am also currently staying home with young kiddos but someday will go back to job (not super high paying or high powered) for enjoyment. My husband has a large trust/ inheritance and will get yearly disbursements until he dies, and then it will go to the girls. I guess once he writes a will, I could get the money in the bank or our house which is paid, but never any earnings from the trust investments. It is very sizable and managed by a few people who know what they are doing. And it is iron clad so only the blood line can get it. I understand this, but I wonder what would happen in the case of divorce. Would the judge have a certain percentage of the yearly passive income go to me in a fair way so I would not have a major drop in lifestyle? What would be fair to ask for in a pre-nup? There is currently no other income. I know I need to meet with a lawyer, but I'm curious since there are so many on this board.

[Anonymous]

Anonymous wrote:I don't mean to hijack this thread, so if I should start my own thread, please let me know, (new poster here). Am also currently staying home with young kiddos but someday will go back to job (not super high paying or high powered) for enjoyment. My husband has a large trust/ inheritance and will get yearly disbursements until he dies, and then it will go to the girls. I guess once he writes a will, I could get the money in the bank or our house which is paid, but never any earnings from the trust investments. It is very sizable and managed by a few people who know what they are doing. And it is iron clad so only the blood line can get it. I understand this, but I wonder what would happen in the case of divorce. Would the judge have a certain percentage of the yearly passive income go to me in a fair way so I would not have a major drop in lifestyle? What would be fair to ask for in a pre-nup? There is currently no other income. I know I need to meet with a lawyer, but I'm curious since there are so many on this board.

You are his wife, those disbursements like any other household income received should be joint. When does he get the disbursements?
Does he have kids from someone else, or are these both of your girls.

Yes you should go to an attorney, start putting money away in case of a divorce.

[Anonymous]

Anonymous wrote:I would think that the person seeking the post-nup would be the higher earning spouse and/or a spouse with assets to protect. In my case, I was always the lower earning spouse -- which is why I ended up SAH. It would be costly for you to each hire a lawyer and hammer out a post-nup now.

Also, if you do a post-nup and then your DH's earnings rise dramatically (this is often what happens -- men with SAH partners often earn more), then I'd be worried that a post-nup would lock you into the current situation. Perhaps it would protect you from the downside, but you might not benefit from the upside.

It's really not that hard and it doesn't have to be that expensive. For example, to your point re: upsides, you can just say that the wife will be entitled to X% of income for Y years.

[Anonymous]

Anonymous wrote:I don't mean to hijack this thread, so if I should start my own thread, please let me know, (new poster here). Am also currently staying home with young kiddos but someday will go back to job (not super high paying or high powered) for enjoyment. My husband has a large trust/ inheritance and will get yearly disbursements until he dies, and then it will go to the girls. I guess once he writes a will, I could get the money in the bank or our house which is paid, but never any earnings from the trust investments. It is very sizable and managed by a few people who know what they are doing. And it is iron clad so only the blood line can get it. I understand this, but I wonder what would happen in the case of divorce. Would the judge have a certain percentage of the yearly passive income go to me in a fair way so I would not have a major drop in lifestyle? What would be fair to ask for in a pre-nup? There is currently no other income. I know I need to meet with a lawyer, but I'm curious since there are so many on this board.

1. The inheritance is separate property so no, it would not be fair or appropriate for you to ask for any part of the corpus or future distributions.
2. When you say there is no other income do you mean your husband doesn't work?

[Anonymous]

He'll get disbursements, it's still considered income at that point. If he co-mingles it, that's another matter.

More importantly, if he decides to keep it separate I would have a big problem with that. Yes what girls is he planning to give it to should he die. Either way it should be YOU and the girls.

[Anonymous]

He'll get disbursements, it's still considered income at that point. If he co-mingles it, that's another matter.

More importantly, if he decides to keep it separate I would have a big problem with that. Yes what girls is he planning to give it to should he die. Either way it should be YOU and the girls.

I am the beneficiary of a trust. At this point I take no income from it (my mom does) but let's say it passes to me (and my brother). If I should die, that money is going into a trust for my kids, to be used for their education, health, etc. DH can use it for child related expenses (schooling, classes, expenses, etc) until they are adults when they will be able to use it directly. He will also get enough other $$ to pay off the family home and my retirement, so its not like he'll be in the poor house with the kids sitting on a million bucks he can't touch, but this protects the kids in case he gets remarried and wife #2 wants half the trust money. Common sense.

[Anonymous]

Anonymous wrote:

He'll get disbursements, it's still considered income at that point. If he co-mingles it, that's another matter.

More importantly, if he decides to keep it separate I would have a big problem with that. Yes what girls is he planning to give it to should he die. Either way it should be YOU and the girls.

I am the beneficiary of a trust. At this point I take no income from it (my mom does) but let's say it passes to me (and my brother). If I should die, that money is going into a trust for my kids, to be used for their education, health, etc. DH can use it for child related expenses (schooling, classes, expenses, etc) until they are adults when they will be able to use it directly. He will also get enough other $$ to pay off the family home and my retirement, so its not like he'll be in the poor house with the kids sitting on a million bucks he can't touch, but this protects the kids in case he gets remarried and wife #2 wants half the trust money. Common sense.

As long as you're alive it should be income for all of you like all the income he receives. If you die you can probably make the kids your beneficiary, but your husband might also have a vested interest depending on marital laws. No it doesn't work by common sense. You might be able to have him sign off of of it.