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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Post-Nuptial Agreement

    Here is the situation:

    * We have been married for 17 years and have two kids, age 6 and 12.
    * Live in California (community property state)
    * I think our marriage is essentially over (no infidelity, just complete lack of interest), and I would leave now except I dearly love our kids, so want to stick it out until they are in college.
    * I've tried to keep my wife interested in our marriage, but she doesn't seem interested. (So, my conclusion is after the kids are gone we will go our separate ways.)
    * Financially we are doing OK, and both have good credit and are both financially responsible.
    * We currently have everything held jointly. i.e. one credit card, one bank account we both put our paychecks into. Only retirement funds are separate.

    Here is my question:
    * I'm fine splitting our current assets 50/50 or what ever, but I also have stock options in two companies that are currently not worth anything. It is possible that they might be some day though be worth something, and I want to use them to fund my retirement.
    * Since I cannot see us staying married (except for the kids), I'd like to get a post-nuptial agreement that says:
    (a) to split our assets 50/50.
    (b) her IRA/403(b) accounts are hers.
    (c) my 401(k)/IRA accounts are mine.
    (d) Stock options are mine.

    Any advise is appreciated. If you need more info, just ask.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Post-Nuptial Agreement

    You can write whatever you want. That doesn't necessarily mean it will be enforceable if and when you finally do get divorced.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Post-Nuptial Agreement

    I have been divorced in California and think that it is likely you'll get what you want without an agreement. In spite of that, it is easy to put such an agreement together. It would probably be wise to each have an attorney when doing so. With no children involved, it's quite easy to divorce in California and usually quite fair. (I did mine myself and probably spent no more than an hour on the paperwork.) If you divorce while your children are still minors, it's a 'whole nother ball game'.

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