My fiance and I are wondering if we need a prenuptual agreement. My fiance is worried that my exwife will sue us once we are married to get at my fiances inheritance and other assests that she acquired prior to our marriage. We live in Idaho. Do you advise we have a prenuptial agreement?
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Prenuptial agreements come in as many forms as their are marriages. One most common objective is to itemize separate properties and debts existing prior to the marriage. Such agreements often override Idaho's community property law that characterizes income on separate property as community and/or provide for a property settlement upon dissolution. A pre-nuptial agreement is ineffective to trump claims against either of the parties. So, for instance, if your ex was injured by your fiancé, that inheritance could be at risk when the ex takes judgment against the fiancé. Why you think the ex might have a claim answerable in damages, however, is far from clear. Marrying you in no way gives the ex any cause of action against your new wife. As a general rule, where there is substantial separate property in existence, a pre-nuptial agreement is helpful. Whether it is a good choice for you is not something we can tell based on your question. Local experienced family counsel should be consulted by each of you separately as one attorney can't advise both.
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No. She cannot.
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Not to worry....an unfounded fear unless your new wife puts some of her assets in a joint account such that any claim against husband by ex wife for support, alimony matters set forth in their divorce documents would then allow access of funds sitting in a joint account. Bottom line is to keep substantial assets in separate account so no unintended commingling of assets to provide ex wife an opportunity.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.