jamminmiked
Junior Member
What is the name of your state (only U.S. law)? GA and MI
What is the name of your state (only U.S. law)? GA and MI
I am engaged to be married to a wonderful lady late next year. Due to our careers we are not sure if we will be residing in GA or MI; however, we know it will be one of the two states. We have both been married and divorced 1x before, neither of us has kids, and there won't be any kids on the way (we are in our mid 40s).
I have a substantial 401K, a couple IRAs, a decent montly pension when I retire, and about $100K in cash. She, on the other hand, has virtually no assets, but has a $70K school loan (she has just finished her PhD).
My question/concern has to do with the possibility of divorce having been through it once before......she will not sign a prenup, but is OK if I can find a way to make it work without signing a prenup. I fully understand the concept of co-mingling of assets, and by the time we are married I will have left my current job and as such my 401K, IRAs, and pension will no longer be contributed to (and as such no co-mingling). I intend to use a bit of my cash as a down payment towards a new condo for both of us realizing that this money will then be subject to co-mingling division; however, does she have any right to the assets above (or their appreciation) given that I do not intend to add or subtract from them once we get marrried? Likewise, is there any scenario whereby I could become liable for her pre-marital debt even though I had nothing to do with it?
She really is a wonderful lady, and I don't anticipate a divorce; however, having gone through it before (and not expecting one then) I am trying to be realistic. Thanks!
What is the name of your state (only U.S. law)? GA and MI
I am engaged to be married to a wonderful lady late next year. Due to our careers we are not sure if we will be residing in GA or MI; however, we know it will be one of the two states. We have both been married and divorced 1x before, neither of us has kids, and there won't be any kids on the way (we are in our mid 40s).
I have a substantial 401K, a couple IRAs, a decent montly pension when I retire, and about $100K in cash. She, on the other hand, has virtually no assets, but has a $70K school loan (she has just finished her PhD).
My question/concern has to do with the possibility of divorce having been through it once before......she will not sign a prenup, but is OK if I can find a way to make it work without signing a prenup. I fully understand the concept of co-mingling of assets, and by the time we are married I will have left my current job and as such my 401K, IRAs, and pension will no longer be contributed to (and as such no co-mingling). I intend to use a bit of my cash as a down payment towards a new condo for both of us realizing that this money will then be subject to co-mingling division; however, does she have any right to the assets above (or their appreciation) given that I do not intend to add or subtract from them once we get marrried? Likewise, is there any scenario whereby I could become liable for her pre-marital debt even though I had nothing to do with it?
She really is a wonderful lady, and I don't anticipate a divorce; however, having gone through it before (and not expecting one then) I am trying to be realistic. Thanks!
