Does Prenup protect against increased spousal maintenance?

[Shonntey]

What is the name of your state? WA

My fiance' had a long term marriage of 30 years. He has been divorced for 2 years, and pays $1000 month maintenance to his ex spouse until he retires in approx. 3 years. At that time the monthly maintenance is stopped and his ex will get 50% of his monthly retirement income. She has a job which provides her an additional $1600 in net monthly income.

My question is..... Can a prenup protect us from his ex taking him back to court to increase her monthly maintenance when we get married. We are afraid if we marry before he retires she will attempt to increase her maintenance based upon my income.

Help? Thanks in advance.

 

[Ohiogal]

NO a prenup wouldn't do that. The court would however because spousal maintenance has already been decided and your marriage won't affect how much he pays. Your income does not matter.

 

[Bali Hai]

NO a prenup wouldn't do that. The court would however because spousal maintenance has already been decided and your marriage won't affect how much he pays. Your income does not matter.

That is the way it is SUPPOSED to work.

However, that may not be how the judge "feels" about it.

Of course, the judge would not reveal in his/her discretionay decision that the alimony award was increased due to the second wife's income.

 

[BelizeBreeze]

Was the ex-spouse working at the current level at the time of the divorce and subsequent maintenance award? What does the divorce decree specifically state as to modification of the award and under what circumstances?

Just a few questions that need to be answered.