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Asked 10/14/2008

Do we need a pre-nup?

My fiance and I are getting married next year. We are not sure we need a pre-nup. His father (who is a lawyer) has told him that we do not. I am a physician (early on in practice) and make 2.5 times his salary. I also have significant debt. I have enough money for a house downpayment in savings and have started investing 10% in a 401k. He has virtually no savings but will inherit some money from his parents. His father has told us that since we don't have any real assets that it is not necessary to do a pre-nup. My fiance does not believe that my student loans basically becomes his debts when we get married or that either of us will have rights to each others retirement funds or inheritances in case of divorce. He is under the impression that most courts will judge that what is mine is mine and his is his and these will not be treated as marital debt or property. He also thinks that when it comes to alimony that the court takes into consideration what our lifestyle is when assessing this and not actual income. So if we live below our means that that will be what alimony is based on and that likely he won't get any since he is educated and has a decent paying job. I am not sure what to think. We plan to live in Maryland after we are married. My question is: Would we benefit from a pre-nup and if we do not have one and get divorced, what is included in our marital debt and property?

 
 
 
 
 
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Answer 1/3 - Submitted 10/14/2008

Boy are father and son a team . lol you better get a pre-nup with this bunch. they are really telling you wrong about every thing. yes . debts will be his if you get married. and every thing will be split 50/50 with what ever you buy . him having 50 % owner ship . and every thing you all have house , cars , even the dog will. be split 50/50 . so dont fall for this . get the prenup or dont marry him!

 
 

Answer 2/3 - Submitted 8/11/2010

You might want to go talk to a lawyer on your own. I thought a prenumpt was to determine what assets the people owned prior to the marriage so those assets would go to those people upon divorce. It also depends upon if you live in a community property state whether you can own seperate property in the marriage. If you don't have any assets it may not be necessary. If you think you might need a prenumpt then you should contact your own divorce attorney to represent your interests as most likely his dad is representing his interest. I hope this answers your question.

 
 

Answer 3/3 - Submitted 8/11/2010

Alright, this is not as hard as it looks like.... but listen real hard...They do not want a pre-nup because right now your fiance got nothing and you are the one who got debt....BUT in the long run when you making that money and of course, everyone usually does, with your profession, you will earn more than him.... your case scenario is...He will benefit from you more because evidently, your money is the one who will buy the house, the car, the dog...... then when something happens, God forbid you guys, get divorce then what, here goes, the 50/50 for what from your own income, sooner or later you will override your fiance.... Get that pre-nup, its for everybody peace of mind.....

 
 
 
 
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