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Prenuptial Agreements and "Spousal Maintenance"

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Prenuptial Agreements and "Spousal Maintenance"

Postby universitylad » Thu Jun 28, 2007 9:17 pm

Has anyone recently married? Did you have any sort of prenuptial agreement? My brother seems like he will be headed down the heterosexual marriage pathway shortly, and it got me thinking about whether he and his potential fiance should develop some sort of prenuptial agreement. Do most or many couples engage in them these days? What do you have in your prenup'.

I was reading on the following website, that mentioned that prenuputial agreements regarding alimony (apparently now renamed "spousal maintenance") were "disfavored by Wisconsin courts." I would think it would be better to have some proof of discussion on the topic documented in a prenuptial agreement though.
http://www.divorcesource.com/WI/ARTICLES/beaulier2.html

I also happened across this Forbes article from March while looking into the subject. This Kim Shamsky should realize she's now living in the 21st century.

http://www.forbes.com/leadership/2007/03/13/women-paying-alimony-lead_cx_pink_0313alimony.html
Kim Shamsky admits she's angry about paying her ex-husband spousal support mostly because he's a man. After all, men are supposed to be breadwinners, not bread takers.

"A real man just wouldn't do this sort of thing," she says. "Maybe it's my Italian upbringing, but I don't think it's right."
Last edited by universitylad on Fri Jun 29, 2007 9:28 am, edited 1 time in total.
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Postby shelly » Fri Jun 29, 2007 8:31 am

No prenup for us. Maybe I am romantic and naive, but it seems to contradict the whole idea of marriage.
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Postby Ned Flanders » Fri Jun 29, 2007 9:22 am

My "heterosexual marriage" has no pre-nup.
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Postby Michael Patrick » Fri Jun 29, 2007 9:24 am

Our pre-nup covered who was responsible for which debts, since neither of us brought any assets to the marriage... :P
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Postby universitylad » Fri Jun 29, 2007 9:27 am

Michael Patrick wrote:Our pre-nup covered who was responsible for which debts, since neither of us brought any assets to the marriage... :P


What types of debts? Debts acquired before the marriage or during?
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Postby Chuck_Schick » Fri Jun 29, 2007 9:32 am

If you're more concerned about maintaining a balance in your checking account come what may than you are about maintaining a relationship, you have no business getting married.

Period. End of argument.

Prenups are for rich guys who need their arm candy to feel all alpha ape or whatever.
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Postby Michael Patrick » Fri Jun 29, 2007 10:00 am

universitylad wrote:
Michael Patrick wrote:Our pre-nup covered who was responsible for which debts, since neither of us brought any assets to the marriage... :P


What types of debts? Debts acquired before the marriage or during?


It was a joke, dude.* We didn't have no stinking pre-nup. If you need a pre-nup you shouldn't oughta get married, as it seems to me that a pre-nup means you're already thinking things might not work out.






*The part about the pre-nup was a joke. The part about neither of us having any assets to bring to the marriage is all too true. We were young and poor, but in love...
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Postby Henry Vilas » Fri Jun 29, 2007 10:03 am

universitylad wrote:Debts acquired before the marriage or during?

State laws says all assets and debts acquired after marriage are split between the spouses.
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Postby universitylad » Fri Jun 29, 2007 10:20 am

Henry Vilas wrote:
universitylad wrote:Debts acquired before the marriage or during?

State laws says all assets and debts acquired after marriage are split between the spouses.


What about debts aquired before marriage, like nearly $200,000 in school loans. If no prenuptial agreement, how are debts such as this handled?
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Postby TheBookPolice » Fri Jun 29, 2007 10:28 am

universitylad wrote:
Henry Vilas wrote:
universitylad wrote:Debts acquired before the marriage or during?

State laws says all assets and debts acquired after marriage are split between the spouses.


What about debts aquired before marriage, like nearly $200,000 in school loans. If no prenuptial agreement, how are debts such as this handled?


Passive-aggressive verbal abuse.
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Postby GenieU » Fri Jun 29, 2007 12:46 pm

No prenup here either. I tried to be upfront and clear on a variety of points such as being a spend thrift and still listening to heavy metal early on in the relationship and we still got married...and that was 12 years ago.
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Postby roadkill bill » Fri Jun 29, 2007 1:19 pm

universitylad wrote:What about debts aquired before marriage, like nearly $200,000 in school loans. If no prenuptial agreement, how are debts such as this handled?


I believe student loans die with the person that had the loan, regardless of marital status.

A friend lost her husband suddenly through illness, and she commented that at least his grad school debts died as well.
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Postby auntgoodness » Fri Jun 29, 2007 1:23 pm

Let's be realistic here, folks.

I don't see anything wrong with a pre-nup. How do you know what things will be like in the future? Your spouse could discover they are gay (or not gay), go coo coo for cocoa puffs, or suddenly get into Celine Dion. Unfortunately, divorce is always a possibility.

On top of that if one of you is rich or has major assets or debts well then that'll be fun, especially if you factor in the coo coo part.

Then again I'm a bit jaded. I got divorced very young and I wouldn't exactly call myself an idealist regarding marriage.

To answer your question, I got married again two years ago and we went with the totally upfront and clear honest thing and no pre-nup, though we discussed it.
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Re: Prenuptial Agreements and "Spousal Maintenance"

Postby Oprah » Fri Jun 29, 2007 1:44 pm

universitylad wrote:My brother seems like he will be headed down the heterosexual marriage pathway shortly, and it got me thinking about whether he and his potential fiance should develop some sort of prenuptial agreement.

It was not your brother who thought your shoes were nasty; it was his bride to be. She's employing the ol' nasty shoes routine, and quite adeptly, to drive a wedge between you and your brother. She is not to be trusted.
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Postby Chuck_Schick » Fri Jun 29, 2007 2:13 pm

Prenups are for grandmas and little girls ...
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