QUESTION: My fiance and I 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?
MY RESPONSE: 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.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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