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How do I protect my income and assets from my future husband's litigious ex-wife?

South Pasadena, CA |

They have been divorced for over 5 years and she is now going after his business. We're concerned that if we marry, she will come after my income too. We are in California.

Attorney Answers 3

Posted

You need to consult with a family law attorney and may want to consider a premarital agreement to protect your income and assets. Unfortunately, there are not enough facts in your question to provide any more direction than that.

I would suggest that you consult with an attorney without your future husband--to ensure there is not a conflict of interest. You want to establish a clear relationship with an attorney--that YOU are the client, not your future husband.

By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Hillary Johns

Hillary Johns

Posted

Ms. Norton is right. If you're suggesting that your future husband's ex-wife will come after his money once she learns that he's doing well, that's certainly a possibility although she would have to have a case with actual merit. My case handles premarital agreements and handles cases in your county. You are welcome to call at (866) 402-4038, if you wish, for a free telephone consultation.

Posted

You don't list many facts in your post. Do you earn more or does your fiance earn more? Are you going to have children with him and if so are either of you going to stay home to raise the children? If so, will it be you or him?

I ask all of these questions because one of the ways to protect your income and assets from the ex-spouse is to enter into a premarital agreement and then structure your asset acquisition during your marriage in a manner that protects your income and assets from the ex wife. This may mean specifying that your income is your separate property while his income is community property. However, there are a whole host of issues that need to be discussed and considered when entering into a premarital agreement. For example, if you have kids and he stays home to raise the kids would it be equitable to have all of the community earnings (yours) be separate property.

Outside of a premarital agreement, you could also make sure not to commingle your earnings and assets with his and deposit them in an account solely in your name, which could afford some means of protection as well.

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Posted

You should draft a premarital agreement. It will to help secure your assets and income. Consult with a local attorney who has expertise in this area.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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