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Pre-nups in the US (maybe elsewhere too, but I am not knowledgeable enough to talk about other countries in this aspect) are not some magic wands that can stop

Pre-nups in the US (maybe elsewhere too, but I am not knowledgeable enough to talk about other countries in this aspect) are not some magic wands that can stop the income earned by the household from being shared. Best use case for pre-nups is mostly protecting the assets you had before marriage. Of course, you can write whatever you want in it, including something like "in case of a divorce, person X gets all of the earnings they accumulated during the marriage, while person Y gets theirs, no 50/50 split", but it is guaranteed to be thrown away by courts during the divorce proceedings. tl;dr: pre-nups won't allow you to avoid splitting your earnings made during the course of marriage 50/50.

tzs 7y ago
Nolo.com [1], Findlaw.com [2], and LegalZoom [3], and Legal Seagull [4] seem to suggest otherwise. [1] https://www.nolo.com/legal-encyclopedia/prenuptial-agreements-and-inheritance-rights.html https://www.nolo.com/legal-encyclopedia/prenuptial-agreement... [2] https://family.findlaw.com/marriage/what-can-and-cannot-be-included-in-prenuptial-agreements.html https://family.findlaw.com/marriage/what-can-and-cannot-be-i... [3] https://www.legalzoom.com/knowledge/prenuptial-agreement/topic/prenuptial-community-property-distribution https://www.legalzoom.com/knowledge/prenuptial-agreement/top... [4] https://thelegalseagull.com/blogs/news/do-i-need-a-prenup-marriage-and-money https://thelegalseagull.com/blogs/news/do-i-need-a-prenup-ma...
- filoleg 7y ago
  I have just read through 3 out of 4 links you posted, and I cannot find anything that disproves my earlier point. Can you cite a specific part that you feel supports your point? The closest I could think of was from LegalZoom (3rd link), and it says: "In equitable distribution states, property acquired during the marriage belongs to the spouse who earned it. In a divorce, the property will be divided between the spouses in a fair and equitable manner. There is no set rule for determining who receives what or how much, but a variety of factors are considered. For example, the court may look to the relative earnings contribution of the spouses, the value of one spouse staying at home or raising the children, and the earning potential of each. Often, each spouse will receive one-third to two-thirds of the marital property." But that doesn't seem to disprove my point, because it still has the "In a divorce, the property will be divided between the spouses in a fair and equitable manner". So even if technically yes, the property you individually acquired during the course of marriage is considered yours, it will still be divided between both spouses in a "fair and equitable manner".

tzs 7y ago

Nolo.com [1], Findlaw.com [2], and LegalZoom [3], and Legal Seagull [4] seem to suggest otherwise. [1] https://www.nolo.com/legal-encyclopedia/prenuptial-agreements-and-inheritance-rights.html https://www.nolo.com/legal-encyclopedia/prenuptial-agreement... [2] https://family.findlaw.com/marriage/what-can-and-cannot-be-included-in-prenuptial-agreements.html https://family.findlaw.com/marriage/what-can-and-cannot-be-i... [3] https://www.legalzoom.com/knowledge/prenuptial-agreement/topic/prenuptial-community-property-distribution https://www.legalzoom.com/knowledge/prenuptial-agreement/top... [4] https://thelegalseagull.com/blogs/news/do-i-need-a-prenup-marriage-and-money https://thelegalseagull.com/blogs/news/do-i-need-a-prenup-ma...

filoleg 7y ago
I have just read through 3 out of 4 links you posted, and I cannot find anything that disproves my earlier point. Can you cite a specific part that you feel supports your point? The closest I could think of was from LegalZoom (3rd link), and it says: "In equitable distribution states, property acquired during the marriage belongs to the spouse who earned it. In a divorce, the property will be divided between the spouses in a fair and equitable manner. There is no set rule for determining who receives what or how much, but a variety of factors are considered. For example, the court may look to the relative earnings contribution of the spouses, the value of one spouse staying at home or raising the children, and the earning potential of each. Often, each spouse will receive one-third to two-thirds of the marital property." But that doesn't seem to disprove my point, because it still has the "In a divorce, the property will be divided between the spouses in a fair and equitable manner". So even if technically yes, the property you individually acquired during the course of marriage is considered yours, it will still be divided between both spouses in a "fair and equitable manner".