How to structure a prenup to protect the lower earner to a reasonable extent?

[Anonymous]

Divorce lawyer here:

If you're looking for information about how to protect yourself as the lower wage earner or someone who may leave the workforce for a period of time, that's wise so long as the other party agrees. Often that is structured as a payout based on the length of the marriage and it could possibly include spousal support based on the same idea. For example:

If the marriage lasts 24 months from the date of the marriage up until the date of the last separation, then Mary shall receive $x, payable as follows:

If the marriage lasts 48 months...

etc.

The above amounts shall not be cumulative.

You would want language about where Mary will go if the marriage fails and is living in a home that is her spouse's separate property (how long to get out, can she stay for awhile, etc.) and if Mary puts any money towards the equity of his separate property (i.e. if he gets all real estate in his own name and she pays for a new deck or mortgage payments, how will Mary get this paid back)?

The other side should pay for your attorney but it should be one you find on your own.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Getting something isn't the same as treating all the kids the same.
A former boss remarried to a younger woman with 3 kids under 12. He had 3 kids in their 20s. He set up an estate plan treating all the kids equally.
He got Alzheimer's, she put him in a care home, divorced him. He died and his kids got half and the other kids who left with mom got the other half. After taking care of him for 5 years.
Should have done a prenup,

her three kids should not have gotten anything.

Umm...he set it up (when he was mental stable it seems) to support all 3 equally. That was his choice. Shows he was committed to his 2nd marriage and loved his step kids as well. His money, his choice.

Yeah well they didn't love him as it turns out. No flowers or even condolence notes from any of them. By then they were late teens.

You were expecting teenagers to send condolence notes to you? When they were grieving? That sounds like an unrealistic expectation. That's not what teens do. If they actually felt like he was their father, it's hard to lose a father figure when you're a child. Relatives should have been consoling them not expecting consolation.

Once they skedaddled back to WVA with mom, nobody ever called, emailed, texted or went to see him or anything. For 5 years. I doubt they were wracked with grief. Busy with new dad mom had dated in high school. They literally walked away with millions while he had to rely on money from his biological kids.

Young wifey sure was protected, huh

He was a nice guy and loved by his community and former employees. Big funeral with noticable absences.