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

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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I mean, it all depends on what the higher earner wants. Are they trying to say their earnings and investments during the marriage won’t be marital property? In that case the lower earner is screwed no matter what. If the higher earner is pushing this then lower earner needs to get a certain amount per year married/per kid. High earner is likely not going to accept low earner spending time on her career instead of his career and household so she needs to be compensated   [/quote]

+1000

ALso, the lower earner really needs to consider why they would want to be married/have kids with someone who cares so little about them. What do they get from being in this relationship?  Because I don't see much but a self centered spouse

[/quote]
We both already have kids. [/quote]

Alright, there you go. The higher earner is trying to protect their children’s inheritance. Most spouses - particularly men - just go along to get along, and their kids end up losing their entire inheritance to stepmom and her kids. As a breadwinning DW it is my biggest nightmare that I pass away early and everything I worked hard for ends up going to some golddigger’s brats.

Premarital assets are off limits, provided they are kept separate. You can claim some entitlement to the money grown on those assets during the marriage, but even then it’s hard to imagine why you’d feel entitled to that. It predated you and had nothing to do with whatever you contributed.

New assets are a different story. You should demand your share of those. Same with any assets you had coming in and any growth on those assets, provided they are kept separate.

If you insist on staying home and being kept, demand alimony and settlement/inheritance in an amount that will keep you sustained in the event of divorce or widowhood. Otherwise, you continue to work. If your spouse wants to treat you like the help they need to pay for it.

Also consider a life estate in a marital home in case spouse passes away first if you don’t co-own the property.

You should also come to some agreement about how expenses for your respective kids will be paid for. If spouse does not want to pay for your kids to go to the same fancy schools or the same fancy activities you should think twice about marriage. It’s just a recipe for resentment. [/quote]

In a 2nd marriage, I do get "protecting" your assets so your kids still get their share.  But I don't understand how you can want to marry someone else and not feel a need to provide something for them and their kids.  How can you say you "love someone" yet want them not to get anything financial from you?!?!?!    [/quote]

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