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Getting married with someone who is divorcing his wife

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cherry01

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

My bf and I have decided to get married, after he get divorced first. He has been married for 20 years and have 2 kids (12 and 10 year old) with her current wife, she never had a real job, they have a family Trust Fund together.

Before everything happens, I think it would be wise for me to understand the legal issue which will be involved later.

***1. The divorce between him and his wife

How the assets are going to be divided between him and his wife, what are his legal responsibilities in the future in terms of taking of the ex and children? What's going to happen to the Trust (I don't understand too much about the Trust in legal aspects)

***2. The marriage between him and me

After he gets a divorce and marry me, what will happen if he passes away (he has genetic illnesses), will assets shared by us be passed on to his ex-wife and children as well?

Thanks for the advises in advance!
 


JETX

Senior Member
1. The divorce between him and his wife
How the assets are going to be divided between him and his wife
They will come to some type of agreement on the property division... or the court will do it for them. What divisions may happen have nothing to do with you and will have been done before your possible marriage.

what are his legal responsibilities in the future in terms of taking of the ex and children?
The court will likely order some type of spousal maintenance (alimony) and also some form of child support. Again, those matters, other than possible modifications, shouldn't affect you as they will be completed PRIOR to your marriage.

What's going to happen to the Trust (I don't understand too much about the Trust in legal aspects)
See above.

2. The marriage between him and me
After he gets a divorce and marry me, what will happen if he passes away (he has genetic illnesses), will assets shared by us be passed on to his ex-wife and children as well?
Largely that depends on whether there is a will nd the terms of the will. However, GENERALLY, absent any equity interest, the wife will LIKELY be removed from any distribution.
His children will remain his children and will have their 'normal' inheritance rights, depending on will or not.
 

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