Prenups and we worry about gay marriage?

Re: Prenups and we worry about gay marriage?
OK, Those agreements are ridiculous, but a prenup is important for any person who has anything to loose when the other partner has more to gain. Odds are that there will be a divorce in 5 years and there's going to be a distribution of assets. And one person is walking away less than they came in with, and it's usually the husband that gets screwed. But then again, why get married in the first place? Just live together.

Prenups are good for people who have a lot of money and come into the marriage with it. The prenup that makes sense is that should the couple divorce, each person walks with what they brought in. What was made by either party in the marriage, is split and life goes on.

Anything else is just stupid.

Can you put in a prenup the woman can't get alimony? I can't ever see giving up half my paycheck simply because society says the man usually gets screwed in a divorce.

It's tough to get alimony anymore, Slappy. Child support, yes, but alimony, no.

Exceptions are made for "rehabilitative alimony" in cases where the wife cannot support herself. It pays for schooling or job training, and it's usually a short-term thing. The courts expect women to work.

Just so you'll know where I'm coming from...

In my case (which was 25 years ago), I had left school while I was married. My attorney felt that any judge would say I was entitled to rehabilitative alimony, but I didn't take it. I wanted no more contact with the guy. That was worth more than money.

Instead, I took our only car and all the furniture and stuck him with all the bills (there were tons of them...he had run them all up & was always in debt.) But he was well on his way to earning his doctorate and had a great income. I had to start over with $300, a car, my clothes, and a few household items. No job, no prospects, no place to stay. It took me several years to get on my feet, but I did it.

He got off easy. With his salary, he could replace everything I took within 6 months. I got the better deal, though, because I haven't heard from the jerk since. I have no idea where he is or if he's even still alive. And that is priceless.

we should allow gay people to marry so they can go through these things as well.
Why not share the wealth?? hehe


Eva- i knew you were a tough woman for some reason. ;-)
Love ya for who you have become. >kiss<

Hey, we've all fought our own wars.

{smooch backatcha}

It's tough to get alimony? Ehhhh...I don't know. Not from what I've seen.

Re: Prenups and we worry about gay marriage?

I imagine it's probably the same in parts of the U.S., because in Canada, if a couple lives together common-law, under the same roof, for "X" period of time, they're as good as married, as far as the law goes.

So as you can see, that doesn't protect you either from not sharing your assets.

Courts may rule there is a sound public policy rationale for not enforcing provisions in a prenup that seek to limit spousal maintenance/alimony, even when the agreement was entered into in good faith and full disclosure and may have been reasonable at the time, if unforeseen circumstances have caused the provision to be unconscionable. This is particularly true in longer marriages. What if the spouse was employed at the time of the marriage, but due to a disability is now unable to work ... etc.

Re: Prenups and we worry about gay marriage?


A minority of US states recognize common law marriage. Kansas is one of them. And in order to be considered married at common law, you must agree to be married, and you must "hold yourselves out to the public" as married. (e.g., referring to yourselves as "husband and wife," the woman taking the man's last name, completing tax returns as "married," etc.) Each state that allows common law marriage has different rules, but usually living together for "X" period of time is not a requirement. In fact, in Kansas you don't even have to cohabitate.

To be safe, if you don't want to be considered common law married with your patner, the two of you can sign an agreement announcing that you do not intend to enter into marriage with one another, common law or otherwise.

Prenups are a good idea when both partners have been married before and each wants assets handed down to his/her own children.

I am lost.

Does the US still have alimony?

I think Oz abolished it forever ago.....but there IS child support.

I do not believe an ex spouse has any rights to be supported here at all, though there is, of course, property and asset division at settlement.

Gotta wunner if a prenup was involved HERE

Damn...I'd betcha the blonde beast on the left is the one who punched the wall. Check out the size of her digits!

that's a man baby

Sure ... often called "spousal maintenance" or "spousal support."

Goodness.


Er....on what basis can I ask?


I think that had a really reasonable basis when women traditionally gave up work after marriage (or, in the case of Australia, were forced to resign from jobs like teaching and other public sector jobs upom marriage) and did not have anything like equal pay (we still don't in effect...but still) and did not have access to even such promotion as we do now.....but I find it an odd concept in western countries today that one adult should have to support another with whom they once had a relationship......


So....child support is on top of that?

Whether or not one is obliged to pay alimony varies from state to state. Many states have adopted "no fault" divorce which is a non-adversarial legal procedure to divide property and to determine rights and privileges with regard to children, and which entails no alimony.