Should we obtain a prenuptial agreement? 7 Answers as of February 15, 2012
My fiance and are wondering if we should obtain a prenuptial agreement. He pays lifetime spousal to his ex and we are concerned that once we are married, she may take him back to court for an increase in her payments (both because the child support ends at that time & out of resentment of our marriage) and concerned that the judge will adjust her payments based on our combined income. We were advised to obtain a pre-nup stating that each of our incomes are our own to prevent this. Is this correct information?Free Case Evaluation by a Local Lawyer!
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Attorney at Law | Dorinda Ohnstad
The court will not look at your income in determining spousal support to a prior spouse, even though your income would be community property after marriage.
Answer Applies to: California
Replied: 2/15/2012
Diefer Law Group, P.C. | Abel Fernandez
You can get a pre-nup is you want. However, your income will not be used to calculate her support. So, it is not required for you to have a premarital agreement since it would not impact her support either way as a result of your remarriage.
Answer Applies to: California
Replied: 2/15/2012
Peyton and Associates | Barbara Peyton
A prenuptual agreement will not necessarily protect your income from being considered in a spousal support modification hearing. I suggest you contact an attorney who specializes in drafting and litigating prenuptual agreements to get a more detailed answer.
Answer Applies to: California
Replied: 2/15/2012
Michael Apicella | Apicella Law and Mediation
California family code prohibits the income of a supporting spouse's subsequent spouse to be considered when determining or modifying spousal support. That said, there are many other good reasons to obtain a premarital agreement. It would be wise to sit down with a family law lawyer that has extensive experience with premarital agreements to learn your rights and how a prenup may help you.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
Your fiancee's obligation to pay either child or spousal support will not expose your income. At most, your joint tax filing as a married couple may have some minimal impact on support numbers.
Answer Applies to: California
Replied: 2/15/2012
Jones & Williams | Elizabeth Jones
Prenuptial is not a bad idea by not absolutely necessary. The new spouses income cannot be used for support of the prior spouse. Otherwise no one would ever get remarried. I also have never see "other spouse income" on the dissomaster make any difference. But since this is a remarriage, you might consider protecting your assets (both of you) with a pre nup.
Answer Applies to: California
Replied: 2/15/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No, that information you received is incorrect. The Court will not increase your prospective husband's support obligation based on your and his combined income. If that worry was the only reason that you and he contemplated entering into a Premarital Agreement, no Premarital Agreement would be needed.
Answer Applies to: California
Replied: 2/15/2012
