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Need A Way To Protect My Assets After Divorce

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Latest post Wed, Nov 16 2016 8:48 PM by Glen Verner. 4 replies.
  • Tue, Jun 28 2016 11:41 AM

    • Raven888
      Consumer
    • Not Ranked
    • Joined on Tue, Jun 28 2016
    • FL
    • Posts 1

    Need A Way To Protect My Assets After Divorce

    Hello, I am new to this site and was wondering if I could get some advice on a certain situation. My fiance and I are going to be getting married this year and we are planning on signing prenuptial agreements before getting married just to protect our current assets. Now what I am worried about is that my mother currently has a legal case open against someone and is planning on receiving a large sum of money if she wins the case. She told me that she would be giving me some of this money and also that I would be the one to inherit this money if she ever passed away. What I would like to know is if this amount of money would still be only mine in the case that my fiance and I divorce later down the line since I would only receive this sum of money after we have already signed the prenuptial agreement and are married? I was reading a few articles on this and it appears that prenuptial agreements only protect the assets you have before marriage, but anything you obtain after marriage would not be protected. If this is true, what can I do so that if my mother receives this large sum of money from the case, gifts me some of it, and then for some reason my fiance and I divorce later down the line, I do not have to share this sum of money with my fiance? Is there any way to keep this money only for myself? Thank you for taking the time to read this, and I truly appreciate any replies I receive on this post.

  • Tue, Jun 28 2016 11:58 AM In reply to

    Re: Need A Way To Protect My Assets After Divorce

    Inheritance is usually not subject to community property rules. She needs to see an atttorney and see about putting it in a trust or something where you would inherit it and as long as its not co mingled with joint assets it could stay yours.

  • Tue, Jun 28 2016 2:38 PM In reply to

    Re: Need A Way To Protect My Assets After Divorce

    Raven888:
    I was reading a few articles on this and it appears that prenuptial agreements only protect the assets you have before marriage, but anything you obtain after marriage would not be protected.

    A prenuptial agreement can be written to protect whatever assets you like, as long as a judge doesn't declare it unconscionable and refuse to enforce it.  I'm not a lawyer and have no idea whether judges ever do that, but I can see it being a possibility if a prenup is especially unfair.

    But you don't need a prenup to protect gifts and inheritances you receive during the marriage.  All you have to do is make sure you can prove the gift or inheritance was yours alone (have your mother make it clear that she is giving the money to you, not to you and your spouse) and then keep the gift or inheritance separate throughout the marriage.  Don't deposit any of it into a joint account, don't use any of it to pay for a joint asset, and so on.  Since the burden of proof will be on you to show an asset is separate rather than marital, you need to make it easy for a judge to see that you never intended to contribute any of that asset to the marital enterprise.

    Florida is not a community-property state.  You would be safer in a community-property state, where judges have to divide the marital property as equally as possible without taking into account the separate property of each spouse.  In Florida and most other states, the judge has to divide the marital property as "equitably" as possible, and can look at the whole picture when deciding how to split the assets.  They are supposed to avoid including separate property in the division of assets if they can, but there is often no absolute prohibition on their doing so.

    Here's a link to a helpful article right here on lawyers.com, and here is a link to the Florida statute governing division of property in a divorce.

  • Wed, Jun 29 2016 2:15 PM In reply to

    Re: Need A Way To Protect My Assets After Divorce

    I haven't read the prior two responses, but hopefully you'll get roughly the same responses as you got at the other site where you posted this same thing.

    http://boards.answers.findlaw.com/index.php/topic/237403-need-a-way-to-protect-my-assets-after-divorce/

  • Wed, Nov 16 2016 8:48 PM In reply to

    • Glen Verner
      Consumer
    • Not Ranked
    • Joined on Wed, Nov 16 2016
    • MI
    • Posts 3

    Re: Need A Way To Protect My Assets After Divorce

    Thanks for the link.

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