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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Financial Protection in Marriage

    My question involves marriage law for the State of: Arizona

    I am a high income earner by comparison with my significant other, with salary increasing roughly 20-30% /yr on average since I started working. She has been living off of welfare and child support for most of her adult life. As irresponsible as she might be, I do love the woman, and I may consider spending the rest of my life with her; however, I do not want to find that half of my income / equity has been attributed to someone who can't hold a steady job and hasn't contributed in any significant way to my success. She has been a burden on the state, and as harsh as this sounds, she will almost certainly be a burden on me while we're together. That's a price I will happily pay without complaint; however, should things go sour, I want to try to protect my assets as being with her will have hindered my economic growth rather than helped it, while her situation will have remained the same (minus living a better life for a while). What are the limitations of prenuptial agreements? Can I protect equity built in a home purchased a few months or a year before the wedding? What about large purchases made further down the line? Future income?

    Everything I've read suggests that the courts are very rigid in considering anything gained during the marriage to be marital property and subject to equal sharing, and that terrifies me.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Financial Protection in Marriage

    You have two choices.

    Either don't marry her, or get a strong prenup in place.

    However, understand that even with a prenup, what is bought/acquired DURING the marriage will still likely be considered community property and thus be subject to division should the marriage fail.

    Also if you do want to go for a prenup, you'll both need separate attorneys if you're to have any chance of it actually being enforceable.

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