QuestionHi S.Kessler,
This is my first marriage, I have no dependents. This will be my fianc�s second, he has 2 children from a previous marriage and his ex has custody of them both.
My fianc� pays child support as well as alimony (the alimony ends in 3 years as far as I know.) He has a modest job and similar income with almost no debt. I have no debt, earn a high income, have multiple investments and own a small piece of land; it is in a developing area and I expect the property value to increase down the road.
We are both MS residents. I would consider a prenuptial agreement and I don't think he would have a problem with it as money is not what he's after. My concern isn't him; it's his ex-wife. She took him for all he was worth (monetarily) when they split. She took everything they had in checking, savings, as well as what they had saved up for retirement. My fianc� is literally starting from ground zero. His ex-wife has nothing more than a high school education, two kids to support, a modest job at best, and is not highly motivated, I know this.
Would a prenuptial agreement be my answer to preventing (and here's where my concern is) my fianc�s ex-wife from taking any of my (or "our" after marriage) assets in the case that my future spouse defaults on child support, dies or we divorce? I could easily see his ex attempting to come after my money if she thought she had a chance of gaining any of it.
I appreciate your help.
AnswerHi Hastings~
A prenup agreement would be a good thing to seriously consider, since you have a lot to lose financial wise if you were to ever divorce. And it's not a bad idea to protect yourself and your assets.
However, his ex-wife is NOT entitled to anything of his anymore b/c they are divorced. The only thing she could do is get child support raised if he were to have an increase in his wages. She's not entitled to any of your money, those aren't your children, they are not your responsibility. If she thinks she can go after you b/c you have a higher income than him, she's sadly mistaken. You have absolutely nothing to do with him or the children (even if/when you marry him). So therefore she can't come after you for money, assets or anything of that nature, period. In other words she can lay no claim to your house, money, etc.
