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Reply to "Postnuptial Agreement - Would you sign?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Paying the kids' educational expenses doesn't help HER. [b]She needs to ensure she's protected first. [/b][/quote] Protected from what? Why does his family's income need to help her? It's not her business.[/quote] [b]If working for the family business is his full-time job,[/b] then the revenues from that work and the increase in the value of his ownership share are properly considered marital property, just as his earnings would be if he worked a job for an unrelated employer. Signing away all of her rights to it without securing some alterative payout would absolutely jeopardize her because everything else (e.g., everything derived from her earnings) would be considered marital property and split between the two of them, but she wouldn't be able to touch any of his. He'd walk away with all of his and half of hers, and she'd be left with half of hers and none of his. That's not an awesome place to be in at any age, but especially not if you're within 15 years or so of planned retirement, needing to buy a new home post-divorce, etc.[/quote] The OP says "a family business deal on his side involving him and multiple family members." [/quote] even if it is a not a full time job but there is any involvement in the "family business deal" (money, time) it would be marital property. [/quote]
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