Keeping PRE-MARITAL assets as Separate Property

[3exprt]

What is the name of your state (only U.S. law)? NY

Me and my fiance have been together for about 10 years. We are getting married
this year. Living in NY.

During that time, I accumulated about $1 million - most of it
kept in Money Market accounts under my name.

If I continue holding these assets under my name and do not commingle
them with marital assets, am I safe to assume that those assets will
not be considered as marital in case of a divorce...

1 point that worries me.

Can it be argued, that since those assets were accumulated
while we were engaged and living together, that they could somehow be
considered as marital. Can you guys give me some legal insight on
this argument.

Also, since she does not want to sign a pre-nup - what else can I do
to issolate my assets? would creating some kind of Trust or an LLC help?

[LdiJ]

Originally Posted by 3exprt

What is the name of your state (only U.S. law)? NY

Me and my fiance have been together for about 10 years. We are getting married
this year. Living in NY.

During that time, I accumulated about $1 million - most of it
kept in Money Market accounts under my name.

If I continue holding these assets under my name and do not commingle
them with marital assets, am I safe to assume that those assets will
not be considered as marital in case of a divorce...

1 point that worries me.

Can it be argued, that since those assets were accumulated
while we were engaged and living together, that they could somehow be
considered as marital. Can you guys give me some legal insight on
this argument.

Also, since she does not want to sign a pre-nup - what else can I do
to issolate my assets? would creating some kind of Trust or an LLC help?

No, the fact that assets were accumulated while you were engaged does not in any way make them marital assets...assuming that she made no contribution towards those assets. So if none of her money went into those money market accounts, or there wasn't some documented agreement that you got to invest your money while she supported the two of you, (for example) those assets are separate.

However, you need to leave them separate. If you want to continue to invest, then you need to start new investment accounts and leave those premarital accounts separate. No marital income should go into those accounts or support those accounts.

There is no need to create a trust or LLC. You simply need to keep them separate.

[3exprt]

Our relationship has some issues - but she always blames it on the fact that we are not married... So, perhaps I 'foolishly' hopping that it will change... but also want to protect myself - in case it does not.

What are the good tactics in proposing a pre-nup (what makes me worry is that she does not even want to hear about it)?

If we do get married, what steps I should take to protect myself financially? you guys have been through this, so I would like to get some opinions on what would you have done differently (in retrospect)..

[LdiJ]

Originally Posted by 3exprt

Our relationship has some issues - but she always blames it on the fact that we are not married... So, perhaps I 'foolishly' hopping that it will change... but also want to protect myself - in case it does not.

What are the good tactics in proposing a pre-nup (what makes me worry is that she does not even want to hear about it)?

If we do get married, what steps I should take to protect myself financially? you guys have been through this, so I would like to get some opinions on what would you have done differently (in retrospect)..

There is an attorney on this forum who states that there is no pre-nup that cannot be broken.

Again, keeping your premarital assets separate, is the best protection.