Post-Nuptial Legality Question - NY

[mrmath113]

What is the name of your state? NY

Hello,

I have a quick question about a post-nuptial agreement. My wife and I do not have a pre-nuptial agreement, but I would like to put one in place containing the something along the lines of the following clause since it has been causing a lot of stress in our marriage:

If Michele tests positive for Nicotine before or during divorce proceedings, that assets will not be divided 50/50, rather they will be divided in proportion to income levels throughout the course of the marriage (ie, if I earned 70% of the income, I would walk away with 70% of the assets).

Is this possible? Would it ever hold up during a divorce settlement?

Thank you for your assistance,

Michael

 

[Just Blue]

What is the name of your state? NY

Hello,

I have a quick question about a post-nuptial agreement. My wife and I do not have a pre-nuptial agreement, but I would like to put one in place containing the something along the lines of the following clause since it has been causing a lot of stress in our marriage:

If Michele tests positive for Nicotine before or during divorce proceedings, that assets will not be divided 50/50, rather they will be divided in proportion to income levels throughout the course of the marriage (ie, if I earned 70% of the income, I would walk away with 70% of the assets).

Is this possible? Would it ever hold up during a divorce settlement?

Thank you for your assistance,

Michael

I sincerely doubt it!

 

[mrmath113]

Any ideas in that realm that may be more realistic?

 

[Ohiogal]

Any ideas in that realm that may be more realistic?

Most times post nuptials are not upheld on a technicality.
If you feel the need for a POST nuptial, get a divorce. Seriously. How are you going to determine who made the most in the marriage? How long have you been married? And contributions to a marriage are NOT just financial. There is more that goes in to that.

 

[Bali Hai]

Most times post nuptials are not upheld on a technicality.
If you feel the need for a POST nuptial, get a divorce. Seriously. How are you going to determine who made the most in the marriage? How long have you been married? And contributions to a marriage are NOT just financial. There is more that goes in to that.

And since he is from the great State of New York, when he does get into divorce proceedings; he'll be back here asking how to put out the fire in his @sshole!!