+1 I know women who have chosen to live together rather than remarry precisely so they won’t lose alimony, but even that ends after a finite period. |
Aren't most men divorced against their will or am I missing something? |
Or her husband is a liar. |
I mean one person usually wants the divorce and one doesn’t. There is almost always a loser and a winner. Maybe if you are both in the exact same attractive position and financially healthy and just drifted apart, you could have an amicable divorce. Most divorces seem not amicable. One side is unhappy with the outcome or didn’t want the divorce. Usually it is because of infidelity or wanting to date others. So one person is leaving bc other cheated or want to leave to for someone else or the idea of someone else. One person wants to stay married for kids or status or whatever. |
One person is always "divorcing against their will"--you don't need a spouse to give you permission to get a divorce. |
There is a high profile Pritzker divorce happening right now with of course both sides paying a fortune for high-priced lawyers. One of the big issues is the wife signed a pre-nup which specifically provided a lump sum payout, but no division of marital assets. It's like a $10MM payout...which is nothing compared to the marital assets and the XH is worth like $7BN. She claims she signed it under duress, but this happened 30 years ago so that argument doesn't really hold up. She was an investment banker prior to marriage, but stopped working immediately. Long story short...most people think she will lose this case. She also is 99% certain to not get any proceeds to the marital house because ownership was transferred into a trust which is another common tactic. The $$$s aren't the same in the scenario presented by OP...but it could be quite similar on a relative basis. I don't know why anyone is so certain as to why Person A will definitely receive X or not. |
Some people work into their 70s or 80s if they can't afford to retire. Literally tens (hundreds?) of millions people a year support themselves on jobs like this. |
Please. This has everything to do with the prenup and the jerk she married. |
What does the prenup being 30 years old have to do with duress not holding up? Duress happens at the time of signing. |
Because she had 30 years to contest it. She was clearly fine with it for 30 years and didn't claim it was duress. Why now? Oh, because it's biting her in the a$$. Why don't people review contracts they are signing? |
She had 18 years not 30. |
Also, it's he said / she said. The XH said that 30 years ago she was of perfectly sound mind and signed it with no problems. There is no video or other evidence and the judge seems to think anything that occurred 30 years ago is pointless unless there was some kind of hard evidence. |
Please follow the thread. PP was discussing another case. |
I haven't read all the posts, but want OP to know this:
In Virginia, courts will usually make the husband with a good income (around $100K) pay for the wife's attorney if she has no income. And if there are kids and she has zero income, she's almost certainly going to get alimony for at least as long as the kids are under 18, and probably for life. I know several people in this situation over the past 5-10 years. In one case, this even happened when it was the working spouse (husband) who got cancer! He had to take on a second job post-surgery to cover all the extra expenses (apartment, lawyer, etc...) when she locked him out of their house. And one friend had to pay for his ex wife's attorney (she didn't work despite no kids) even though the ex wife had just received a half million $$$ inheritance that she refused to mingle and make marital property. VA courts are super harsh to men with wives who don't or won't work, and I say this as a feminist who cares about SAHM not getting screwed over. I'm shocked at their whole "at fault" and "equitable" BS with no logical rules for handling divorce settlements in VA. It's really just up to the judge what you get, but I've never seen the non-worker spouse get screwed. Also, be aware that she'll be able to automatically get Social Security as his former wife (using his quarters of work to qualify) once she's at retirement age, so long as she doesn't remarry. If he's a fed employee/military, she'll automatically get a share of his retirement pension. |
Well that case has nothing to do with a prenup it has to do with divorce fraud where you drop assets into LLC's and trusts so it is not considered marital assets. Of course she is not getting 1/2 the earnings of the Hyatt fortune. |