tired123
Bronze
Reged: 03/09/08
Posts: 30
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Hello everyone,
Very short, in your opinion is it smart thing to do -to sign a postnuptial agreement, with business owner husband, while I'm stay at home mother of 4. He wants to divide everything in half, in case of divorce. But I'm almost possitive if divorce would happen, I'd get probably more that 1/2 of everything, because kids would stay with me.
What is your advice on this one? Is he being "practical" or just big dirty pig?
Thank you all.
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Jada
Platinum
Reged: 06/02/07
Posts: 3333
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[quote]Hello everyone,
Very short, in your opinion is it smart thing to do -to sign a postnuptial agreement, with business owner husband, while I'm stay at home mother of 4. He wants to divide everything in half, in case of divorce. But I'm almost possitive if divorce would happen, I'd get probably more that 1/2 of everything, because kids would stay with me.
What is your advice on this one? Is he being "practical" or just big dirty pig?
Thank you all. [/quote]
Uh, I don't think he's being a big dirty pig. If he were, he would be trying to get you to sign a postnup where he gets everything if a divorce should happen. What he wants is for it be split evenly.
And if you are in a community property state, that is exactly what would happen.
If you do go ahead with a postnup, be sure it addresses how the marital debt is to be handled, as well.
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tired123
Bronze
Reged: 03/09/08
Posts: 30
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We live in equitable distribution state. Thing is he wants to protect his business, from who - me? I've been raising family, taking care of everything while he's babying his business and growing it. It just makes me mad. And how about that - now his business evaluated one price, and it grows very fast since its really successful one. Lets take worst scenario - if I sign a postnup and divorce happens I only get what I sign for 10 years ago, or so. I don't see it fair at all. Does not look to good. And besides all that, his intentions are not very bright, because he wants to divide our marital house 50-50 and then later, as soon as I'd sign a postnup, he'd go ahead and purhase a huge mansion, but just on his name on the title. In case of a big mess, he walks out with that property, 1/2 of present and all that heavy bag of dough, he'd make in the future. As for me - I'd just take my 4 kids , take 1/2 of all we had back then, bow and dissapear.... No, it's somehow makes me puke when I think about this being fair.
In addition - we're married 5 years, 4 kids later and tons of money(it's all in business, and I don't see it anyway) my husband changed to the worst side. Money hungry type.
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ATVILLAS
Platinum
Reged: 05/12/07
Posts: 2291
Loc: Lost in the post D maze!!
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Just have a lawyer look it over, if he has a hard time accepting that it would raise a red flag in my opinion.
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Help someone smile today!!!
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Jada
Platinum
Reged: 06/02/07
Posts: 3333
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It doesn't work like that unless you agree to that. The postnup that you would be signing isn't going to split the assets now. It's only going to address how ALL marital assets are split should you divorce. Any asset purchased during the marriage, even if it is only put in one spouse's name, is subject to the postnup. Which means that if he goes out and buys that mansion and just puts it in his name while you are married to him, he will have to give you half the equity in the mansion should you divorce. And if he doesn't agree to that, then don't sign it. And definitely take any postnup to a lawyer before even considering signing it.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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Clearly you have reservations about this proposed agreement. Has he given you any incentive to sign? What do you think will happen if you refuse to sign it?
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tired123
Bronze
Reged: 03/09/08
Posts: 30
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He stated very clear - if I don't sign -he imidiately files for divorce.At this point he has two paper work waiting, postnuptial and papers ready to be filed for divorce, what a great pitbull lawyer he has!
Should I go ahead and share my life with person like that at all? I a.m in very sad situation here, I wish I would not feel anything for him, would be way easier
Edited by tired123 (05/08/08 11:39 AM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3333
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[quote]He stated very clear - if I don't sign -he imidiately files for divorce.At this point he has two paper work waiting, postnuptial and papers ready to be filed for divorce, what a great pitbull lawyer he has!
Should I go ahead and share my life with person like that at all? I a.m in very sad situation here, I wish I would not feel anything for him, would be way easier [/quote]
Wow, I know what I would do if I were in your shoes. And that is let him file for divorce. In an equitable distribution state, you would probably end up with more of the assets, child support and spousal support. And he would end up with more of the debt.
And he knows this. His attorney knows this.
That's why he said what he did. He's trying to bully you into signing. Don't. Especially if you haven't had a lawyer look it over.
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ATVILLAS
Platinum
Reged: 05/12/07
Posts: 2291
Loc: Lost in the post D maze!!
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In that case I think you need to get a lawyer, if he files divorce you will have to anyway. So go ahead and get one now and have him review the "postnup" and explain to him the position your husband and lawyer are putting you in. You might even be able to get a 1/2 hour free session just for him to review your situation.
Best of luck
--------------------
Help someone smile today!!!
Welcome to paradise!!!
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tired123
Bronze
Reged: 03/09/08
Posts: 30
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Thank you for your advices. As for lawyer I got one, supposed to be good.Better be, because I really need to see all the picture, how low can my husband go.
I just did not get something - even if I would sign for some reasons, and my husband buys another property or house after the day we sign the postnup, in case of divorce I'd be still able to get part of it, or it will be untouchable? What if his parents make it a gift for him?
All this situation sucks...:( But thanks for talking, makes me feel better:)
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