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How can I protect my assets from his ex wife. NY resident.

New York, NY |

I live in NY and i'm about to get marry to a man in NJ. how can I protect my assets from his ex-wife? he pays alimony and child support. I don't mind contributing to his child support but I refuse to pay his alimony.

Attorney Answers 5


  1. Your assets should not be at risk to his ex-wife, however you may wish to consider a prenuptial agreement to protect your assets in the event of a divorce.


  2. Technically you're not responsible for either. That having been said, a prenuptial agreement may be something you wish to consider, particularly if you have substantial assets to protect.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. Your asset would generally only be subject to possible seizure if he (1) owed arrears, (2) she got a judgment against him, and (3) you converted your assets to joint names. That said, a prenuptial agreement is the way to go. Schedule a consultation with a NYC Divorce lawyer for a full assessment.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


  4. All other attorneys are correct that a Prenuptial is a great way to go. The point no one else mentioned but comes to my mind is whether it should be drawn by a New York lawyer or a New Jersey lawyer . So I would consider which state gives you a contact that would be more enforce3able in the state that you choose. As both a New Jersey and New York practicing attorney what effect having the laws of their respective state govern the agreement.
    Good Luck.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  5. Alternatively, you can simply keep all your assets separate except those that you want in a joint bank account or otherwise jointly. There is no risk to your separate assets unlike a theoretical or actual threat to the joint asset(s).

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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