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Can I include retirement in a prenup?

Posted on 11/3/15 at 6:46 pm
Posted by iamAG
Member since Aug 2015
3517 posts
Posted on 11/3/15 at 6:46 pm
Haven't ran this across the old lady, and if it's a big deal I won't press the issue. However, my older brother got dicked in his divorce. She took half of his retirement. I know in this great state not everything is covered, even with a prenup. If I put my retirement in one will I be safe? I know the argument that I shouldn't plan for a divorce. Well I'm a realist and I know the statistics. I hope it works and I believe it will, but bitches gets crazy after kids ever now and again.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
141237 posts
Posted on 11/3/15 at 6:47 pm to
quote:

Can I include retirement in a prenup?


Posted by LouisianaLady
Member since Mar 2009
83170 posts
Posted on 11/3/15 at 6:47 pm to
No idea, but I've been hearing a lot of stories lately about prenups that were thrown out when divorce actually happened. The whole "under duress" excuse.
Posted by iamAG
Member since Aug 2015
3517 posts
Posted on 11/3/15 at 6:48 pm to
Yea I have heard that as well. Like I said, no big deal if she freaks out. Just want to cover myself in an unfortunate divorce situation.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45561 posts
Posted on 11/3/15 at 6:48 pm to
I think any prenup can be fought so put whatever you want in there.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/3/15 at 6:49 pm to
quote:

Haven't ran this across the old lady, and if it's a big deal I won't press the issue. However, my older brother got dicked in his divorce. She took half of his retirement. I know in this great state not everything is covered, even with a prenup. If I put my retirement in one will I be safe? I know the argument that I shouldn't plan for a divorce. Well I'm a realist and I know the statistics. I hope it works and I believe it will, but bitches gets crazy after kids ever now and again.




No expert (at all) but it depends upon the nature of your retirement (account vs. pension, source, etc). In the military and government, if your wife is with you past 10 years, I'm pretty sure there's no way out of giving up half.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/3/15 at 6:50 pm to
quote:

I think any prenup can be fought so put whatever you want in there.


Yep. For men these are probably going the way of the Dodo. Isn't the bitch that the Oklahoma billionaire wrote a check for $900M still fighting their prenub.

*Full disclosure, he's worth like $11B, so he got over like a son of a bitch on the initial settlement.
Posted by iamAG
Member since Aug 2015
3517 posts
Posted on 11/3/15 at 6:51 pm to
Anyone know who would know the answer for sure? A divorce lawyer? If it's not safe in the first place no need to bring it up. That's why I'm trying to find the answer first.
Posted by Lithium
Member since Dec 2004
64389 posts
Posted on 11/3/15 at 6:52 pm to
Mine did
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/3/15 at 6:53 pm to
You can put anything in there. Question is whether it will hold up when the time comes.

Include a severability clause.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/3/15 at 6:54 pm to
quote:

Anyone know who would know the answer for sure? A divorce lawyer? If it's not safe in the first place no need to bring it up. That's why I'm trying to find the answer first.


Eh. If you're trying to do it on the low, this isn't the place. You can probably call a lawyer from work and get a summary answer pretty much for free. Otherwise, it might be worth it to sit down with one to sort this out. A couple hundred bucks isn't unreasonable if it could save you 10s of thousands and/or asspain with your old lady.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184636 posts
Posted on 11/3/15 at 6:57 pm to
quote:

but I've been hearing a lot of stories lately about prenups that were thrown out when divorce actually happened.


More reasons to never get married. Just shack up. LA isn't a common law state IIRC.
Posted by LouisianaLady
Member since Mar 2009
83170 posts
Posted on 11/3/15 at 6:57 pm to
That's what I meant. I've been hearing stories of people who divorced years later and the prenup was fought and thrown out as void.
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
39796 posts
Posted on 11/3/15 at 6:58 pm to
Make sure you both have your own attorney. Video the signing.
This post was edited on 11/3/15 at 6:59 pm
Posted by Jake88
Member since Apr 2005
80850 posts
Posted on 11/3/15 at 6:59 pm to
I had my wife sign a seperarate property agreement. What's in my name is mine, what's in hers is hers. I do though contribute to an investment account with her name on it.
This post was edited on 11/3/15 at 7:04 pm
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 11/3/15 at 7:00 pm to
you better

and you don't ask, you tell...unless of course, you prefer she get the goldmine and you get the shaft...

modern marriage license is communism! among other things, what did you think community property meant?
Posted by yellowfin
Coastal Bar
Member since May 2006
99043 posts
Posted on 11/3/15 at 7:07 pm to
A prenup is basically a starting point for negotiations. It was designed to protect assets you have going into the marriage, not earned during so you can probably protect was you have but contributions while you're married are 50% hers. Just like you are entitled to half of her retirement
Posted by lsuwontonwrap
Member since Aug 2012
34147 posts
Posted on 11/3/15 at 7:17 pm to
Prenup? Look at this guy.
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 11/3/15 at 7:49 pm to
quote:

been hearing a lot of stories lately about prenups that were thrown out when divorce actually happened.


that don't sound good, but need details

one option is, don't use the state marriage license at all...then there is no contract with the state

he may need a natural law lawyer.

adam and eve never signed a contract wit hthe state
and the republic just wrote in bibles...the democracy ushered in the marriage license which was reserved for marrying outside of ones race.

people don't think...once they get and sign the marriage license, then they are agreeing that the state is the so-called authority...they are the defacto only, but it's usually enuf to be a problem
This post was edited on 11/3/15 at 7:53 pm
Posted by CorkSoaker
Member since Oct 2008
9823 posts
Posted on 11/3/15 at 8:03 pm to
Absofrickinglutely

Get a good lawyer so you won't regret it later.
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