Rights under a prenuptial agreement

[bmarsh]

What is the name of your state (only U.S. law)? Georgia
I am involved in my third divorce. I have a prenup agreement which was kept in a safety deposit box. My spouse took it out of the safety deposit box and destroyed it, now states she didn't know we had one. I went to the Attorney who drew it up and got the original. My attorney has not let her attorney know it exist. She has locked me out of my home, which is mine and is asking for spousal support. Does my prenup come in to play in this situation? My attorney wants to give her a deposition asking her about the prenup. She has gambeled away over $200,000.00.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Georgia
I am involved in my third divorce. I have a prenup agreement which was kept in a safety deposit box. My spouse took it out of the safety deposit box and destroyed it, now states she didn't know we had one. I went to the Attorney who drew it up and got the original. My attorney has not let her attorney know it exist. She has locked me out of my home, which is mine and is asking for spousal support. Does my prenup come in to play in this situation? My attorney wants to give her a deposition asking her about the prenup. She has gambeled away over $200,000.00.

Obviously, if the prenup addresses the topic of spousal support, it might come into play, although it's impossible to say without knowing the age and the details of wording. Ask your attorney.

She can not lock you out of your home. You are free to call a locksmith and have the doors opened (as long as there is no restraining order against you, of course).

As for trapping her into perjury on the prenup issue, make sure you go to the bank and get a copy of the record of her access to the safety deposit box.

If you've filed for divorce, she can not dissipate any more assets. Talk with your attorney about what to do with the rest of your money so she can't gamble it away, but I would imagine you can either put it into an escrow account controlled by your attorney or have the account blocked from ALL withdrawals (yours as well as hers) until the issue is resolved. However, make sure you do not restrict her from having adequate money for normal living expenses.