Reply to After working 20 years became SAHM - how to protect self financially

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]^Good thing we have the non-lawyer, non-judge offering some expert advice here.  [/quote]
Lawyer here. Exactly. As I said at the end of my last post, both a prenup and post nup would be evaluated the same. The only time a court will evaluate true fairness is if it’s dealing with kids. Just because you sign an agreement waiving child support or saying you will pay $50k and waive all visitation rights forever - a judge can overturn that bc it’s not in the best interests of the kids. For adult issues- fairness isn’t really a factor. [/quote]

I assume you mean minor children because obviously leaving the non-working parent destitute with no way of supporting themselves is not going to be in the adult children's best interests..  That's just dear old dad/mom kicking the can of responsibility to their unsuspecting children who actually do care about their destitute parent.

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Look, lady. I’m an experienced lawyer. You’re not. I assure you I’m right. Even if you feel it’s a moral injustice, it is the way the law works. [/quote]

You did mean minor children.[/quote]

I said “kids” which is obviously not adults. Yes, minor children. [/quote]

Judging from what you are saying it sounds like if your spouse comes at you with one of these posthup agreements, you might want to take that as a red flag and get the hell out while the getting is good.[/quote]

It’s no different than a prenup. Just as offensive, if you see it that way. [/quote]

No. With a prenup his property/money/debt belongs to him, my property/money/debt belongs to me.  If we get married and want to keep our property/money/debt (made before we married) separate we can both sign a prenup indicating that.  Or if it's a second marriage and you both want to leave assets from before your marriage to your own children rather than each other then a prenup is good.

I guess I just don't see the value of a postnup unless it somehow is protective to both parties and both parties are represented by their own lawyers.  I'm trying to envision this as a married couple and it seems more like a predivorce agreement.[/quote]

This is probably why you’re confused. Sure, some prenups address only what’s owned before a marriage, inheritances or protecting kids from a first marriage. But prenups can also state no alimony ever, real estate will only belong to one party, full waiver of retirement, etc. it can be for first marriages and the not-so-wealthy. There are plenty of one sided “unfair” prenups and they are still valid. [/quote]

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