Quote: (01-11-2013 11:59 AM)ElBorrachoInfamoso Wrote:
Inspired by G Manifesto
What are your thoughts on prenuptual agreements?
What clauses should be in a prenuptual agreement?
Do you still need a prenup with a rich girl?
Some guys think it's best to find a girl who earns as much money as they do. Do you think that's a good strategy?
I think a prenup is necessary for any man getting married to a woman, whom will earn less money than him, in the West.
I think any woman with a high income is probably too focused on her career to be a good mother and wife, unless it's passive income that she gets from an inheritance or a business idea she sold. So I don't think it's a good strategy to look for high-earning women.
My thoughts on the matter (after I've consulted a few attorneys) - a man should always get a prenup but there are
severe limitations, including but not limited too the following -
1. You can protect your pre-marital assets but its a pain not to commingle your money. So lets say I have a small business that I dont want her little paws on. I can set that aside in a prenup and she is out. Sounds great except lets say a few years down the road the business needs a cash infusion and you transfer $100k to the business from your joint checking account. Now she has a claim that the business is in fact "marital property" and you could be fucked. Oops.
2. Depending on the state, you can limit alimony but its a grey area and the longer you are married, the more likely a court could rule the alimony provision as "unreasonable" and throw it out.
3.
Child support cannot be in prenup. This is the huge "gotcha". Some states have a formula (in Illinois, if you have two kids, you owe 28% of your annual comp to your ex) but this can be modified based on asset levels and "lifestyle". So lets say you buy your sweet little misses a million dollar home while raising your kids. She fucks the pool boy and leaves you but you have a prenup so you think you are protected. But the judge can jack up the "child support" to compensate for the no alimony provision in the prenup (though the judge would never explicitly say that). So again, you are worth $2mm, have a $1mm home, and she leaves you but you have a prenup. Maybe you can keep most of your assets (including the home if you are careful) but you would have to buy her the same type of home to keep up the childs "lifestyle", plus the judge can say you are wealthy and you can afford $200k per year in child support until they turn 18, which does NOT include "extra costs" like private school. So you thought you got away with keeping your $2mm but now you are on the hook for millions of dollars in child support (which is non-deductible!) over decades and if you don't comply or lose your high paying job you go to JAIL by threat of force.
Remember, from a legal standpoint the prenup is between you and your WIFE, not the kids. Hereto, the obscene child support judgments have nothing to do with your wife, "its for the kids" which we both know is complete bullshit.
If you are married with children, a prenup is just a band-aid on a severed limb.
