Prenuptial Agreement from Another State

[crod101]

What is the name of your state (only U.S. law)? New York
Is a prenuptial agreement from another state valid in the state of residence?

Here's the details:

My girlfriend has an 11 year old boy, is separated and is in the process of getting a divorce from her husband. They have not lived together since February. They were married in Puerto Rico in 1996 but have lived in New York for the last 9 years.

They signed a prenuptial agreement in Puerto Rico, which is in Spanish. The prenuptial may exclude her from getting alimony based on the correct translation into English and the interpretation of the law as it applies in Puerto Rico. Child Support has already been awarded to her son. The issue in question is whether she should receive spousal maintenance or alimony.

There are two points favoring my girlfriend, who is the defendant in this case. The first being is whether the prenuptial agreement is valid now that they've been residents in New York for over 9 years or does the NY Law take precedence now that they're residents. The second point is if in fact the prenuptial's valid, is that there's a clause in the agreement stating that the husband's required to provide maintenance if she's unable to work. She's been unable to work because she has a hearing impaired child that needs special education. Because of this limitation and the fact that she cannot afford child care, she's unable to work.

In summary, I'm asking whether any prenuptial agreement signed outside the state of residence is valid. Does a prenuptial from another state have a statue of limitations? If it's valid and the husband argues that she's able to work, then can her lawyer negotiate for him to pay for adequate child care so that she can seek employment?

She's seeking 3 things:
1. alimony and legal fees (if prenuptial's not valid in NY)
2. alimony and legal fees (if prenuptial's valid in NY, but is proven unable to seek adequate employment taking advantage of prenuptial's clause)
3. legal fees and child care expenses (if prenuptial's valid and she's forced to seek employment)What is the name of your state (only U.S. law)?

[nextwife]

Originally Posted by crod101

What is the name of your state (only U.S. law)? New York
Is a prenuptial agreement from another state valid in the state of residence?

Here's the details:

My girlfriend has an 11 year old boy, is separated and is in the process of getting a divorce from her husband. They have not lived together since February. They were married in Puerto Rico in 1996 but have lived in New York for the last 9 years.

They signed a prenuptial agreement in Puerto Rico, which is in Spanish. The prenuptial may exclude her from getting alimony based on the correct translation into English and the interpretation of the law as it applies in Puerto Rico. Child Support has already been awarded to her son. The issue in question is whether she should receive spousal maintenance or alimony.

There are two points favoring my girlfriend, who is the defendant in this case. The first being is whether the prenuptial agreement is valid now that they've been residents in New York for over 9 years or does the NY Law take precedence now that they're residents. The second point is if in fact the prenuptial's valid, is that there's a clause in the agreement stating that the husband's required to provide maintenance if she's unable to work. She's been unable to work because she has a hearing impaired child that needs special education. Because of this limitation and the fact that she cannot afford child care, she's unable to work.

In summary, I'm asking whether any prenuptial agreement signed outside the state of residence is valid. Does a prenuptial from another state have a statue of limitations? If it's valid and the husband argues that she's able to work, then can her lawyer negotiate for him to pay for adequate child care so that she can seek employment?

She's seeking 3 things:
1. alimony and legal fees (if prenuptial's not valid in NY)
2. alimony and legal fees (if prenuptial's valid in NY, but is proven unable to seek adequate employment taking advantage of prenuptial's clause)
3. legal fees and child care expenses (if prenuptial's valid and she's forced to seek employment)What is the name of your state (only U.S. law)?

I have a close divorced friend, custodial parent, whose child is severly hearing impaired and she works. She is a co owner of a business, and works a more than full time job. My child used to have a significant hearing impairment - yet I worked full time as well.

And the mom ( I won't use the term "girlfriend" as she is MARRIED) can and should seek a share of the child care costs from her STBX. And you should back off. You are the bed buddy of a married woman, and have no dog in this fight.