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Prenups

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dbonanza

Junior Member
What is the name of your state (only U.S. law)? FL

I am a dental student. I've heard that prenup's can state that each party is responsible for 50% of living expenses. However, what happens if one party earns less than 50% of the living expenses. For example, what if the couple spends $200,000 annually (mostly by the wife), the husband earns $200,000 and the wife earns only $50,000? Is she in any way liable for the excessive spending if the husband lives relatively frugally? What can be done to protect the husband from excessive living expenses. In other words, what is to prevent the wife from going out and buying an expensive car or something, since she knows she can't afford the 50% living expenses anyway? Is there any way to make a provision that states that the husband has the sole responsibility for making financial decisions beyond 2 x the wife's salary, since, in effect, she isn't the one paying for it anyway?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? FL

I am a dental student. I've heard that prenup's can state that each party is responsible for 50% of living expenses. However, what happens if one party earns less than 50% of the living expenses. For example, what if the couple spends $200,000 annually (mostly by the wife), the husband earns $200,000 and the wife earns only $50,000? Is she in any way liable for the excessive spending if the husband lives relatively frugally? What can be done to protect the husband from excessive living expenses. In other words, what is to prevent the wife from going out and buying an expensive car or something, since she knows she can't afford the 50% living expenses anyway? Is there any way to make a provision that states that the husband has the sole responsibility for making financial decisions beyond 2 x the wife's salary, since, in effect, she isn't the one paying for it anyway?
If those are the kinds of things on your mind, your best protection is not getting married.
 

Ohiogal

Queen Bee
If the spouses keep separate accounts totally then how is wifey spending more than she earns? If it is on her credit cards then what you do is make sure that the prenup specifies that all debt in separate names remains SEPARATE debt. That which is in joint names is JOINT debt to be split 50/50 in case of a divorce. All income remains separate property and all property not titled jointly remains separate.
 
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2X'sdivorce

Junior Member
A prenup protects what you have BEFORE you get married. What you make while you are married is community property. If you are worried about her spending, keep it all separate after marriage.
 

20pilot

Member
However, what happens if one party.....
Some divorce lawyer somewhere is reading this and seeing $$$$ signs in his future -- lots and lots of them.

If this is what comes to your mind when you imagine a life together with this particular woman, do not marry her. If this is what comes to your mind when you think of marriage in general, stay single and get a dog for companionship.
 

penelope10

Senior Member
Some divorce lawyer somewhere is reading this and seeing $$$$ signs in his future -- lots and lots of them.

If this is what comes to your mind when you imagine a life together with this particular woman, do not marry her. If this is what comes to your mind when you think of marriage in general, stay single and get a dog for companionship.
I tend to agree with you there. I see nothing wrong, however, with individuals who own property etc. prior to the marriage, and have children from a prior marriage, wanting a prenup. It's not very romantic, but think of the percentage of marriages that do unfortunately end in divorce. At one time I think it was almost 50%. I've heard the rate of divorce has actually dropped due to the current economy.
 

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