Prenup indicates my alimony to be 1500. What are my options?
Hi, just need a little insight. My husband and I have been arguing lately and it seems divorce is going to be in our future. I did sign the prenup thinking that he would change it over time. I have not worked since we had a kid and when the child started going to school I wanted to work again but he didn't want me to. He didn't want me to go to school either. So I stayed home for 13 years. we had an argument about 3 months ago and almost to point that I wanted to moved but I don't have any money. From what he told me that the only thing I can get from him is 1500 alimony which was stated in our prenup 14 years ago and he add a little more for child support. I just don't think it is fair that I raised our child and him not wanting me to do anything with my life. What are my options?When it comes to our financial arrangement, he would only transfer money to my account for my day to day incidentals. He makes a good living and has a business that is worth quite a bit. I just want what is fair for me, since he did not let me work for all those years. We live in California.
Attorney At Law
Doctor of Law w/ highest honors
Does texas homestead law give a surviving spouse the right
Does texas homestead law give a surviving spouse the right to live in the deceased spouse's home for the rest of her life even if the prenuptial agreement and post nuptial agreement and will pass the house to the deceased apouse's children?
I had recently ask about a man iv been living with 15 years.
Hello, i had recently ask about a man iv been living with 15 years. The home is in his name. But he never stays here. But there was a prenup psper i signed in a hurry on demand. And theres three things that are supposed to kick the paper out because there was no whitness to my signing also. Can you tell me what may come put of me filling for common law devotse
I have a question about pre-marital agreements and medicaid
I have a question about pre-marital agreements and medicaid in the state of Texas. My elderly father and his wife have premarital agreements that were put into place when they got married about 15 years ago. He is now 94 and she is 86. His wife has late stages of Alzheimer's and is now in assisted living. He is being told by her daughters that when her money runs out for her care, that he will have to exhaust his money before they can obtain Medicaid help for her. Is this true even though each have pre-marital agreements keeping their own money separate?
Is partial summary judgment for declaratory relief available
Is partial summary judgment for declaratory relief available in Connecticut Family Law cases ?This is for a divorce lawsuit in the Superior CourtCT Gen Stat § 52-29 (2012)(a) The Superior Court in any action or proceeding may declare rights and other legal relations on request for such a declaration, whether or not further relief is or could be claimed. The declaration shall have the force of a final judgment.
QUESTION FOR ELY ONLY w/bonus This is a final clarification
QUESTION FOR ELY ONLY w/bonusThis is a final clarification to make sure that I understand well.Talking about property D (the one I bought and hold title, got loan in my name, and is my home) my understanding is the following.You wrote : B) Anything acquired during marriage is community property, unless: ... 3. Declared as such by prenup...and"D - If purchased after marriage with money earned in marriage, and/or, if wife's name placed on deed, then communal property"a.The property is bought after the marriage >> OKb.The property is declared as such by prenup : ??? is property D prospectively considered as such when the prenuptial reads: "Prospective Husband and Prospective Wife waive the following rights: ...To the division of the separate property of the parties, whether currently held or HEREAFTER acquired."and thereafter the prenup reads : "Any property acquired together by the Prospective Husband and Prospective Wife during the marriage shall be considered marital property and shall be divided equally upon the possible dissolution of the marriage."and"d. Each party shall contribute equally to the costs of their mutual housing and utilities OUT OF THEIR SEPARATE INCOME"c. You wrote>> "If purchased after marriage WITH MONEY EARNED IN MARRIAGE" then it's community property.The rules here and the prenup seem to be conflicting because there is a void in the prenup, because he prenup does not read that properties acquired separately are separate properties.(You can answer by YES or NO and if I need further explanations I will post other questions.)QUESTION 1 : typically, are properties bought by one spouse during the marriage legally defined as1."separate" because only one spouse is on the title, but dividable in case of divorce"or2. "community" based on Connecticut General Statues definition of marital assets, saying that any property acquired together OR BY EITHER SPOUSE are dividable marital assets.QUESTION 2 : based on C above, and because I have bought the property with a loan in my name, paid all the mortgage payments with my bank account credited only with my separate income and made the down payment with moneys from same separate bank account, paid the utilities, taxes etc... separately out of my separate income, when this is argued, would there be a high probability that a Court would rule property D as separate non dividable property to remain mine ?QUESTION 3: Property is earned WITH MONEY EARNED IN MARRIAGE but the money was coming from my separate income as defined by the prenuptial. Does this make it community property nonetheless?QUESTION 4 : you wrote also, ... "unless... 4.Traceable property purchased by one spouse only", would this apply to the situation ?QUESTION 5: is the following argument valid: Property D was bought with money earned during the marriage and the prenuptial does not say that properties bought by one spouse only are separate properties, and CT law says that properties bought by either or both spouses are marital assets, so this was bought by one of the spouse with money earned during the marriage and IT IS A MARITAL ASSET TO BE DIVIDED ?
Counselor at Law
QUESTION FOR ELY ONLY with bonus: Community and separate
QUESTION FOR ELY ONLY with bonus:Community and separate property. This is really bothering me a lot, because I am retired and my home is also my income as I am renting rooms to tourists.My prenuptial reads:"Prospective Husband and Prospective Wife waive the following rights:To the division of the separate property of the parties, whether currently heldor hereafter acquired."And then it says:" Any property acquired together by the Prospective Husband and Prospective Wifeduring the marriage shall be considered marital property and shall be divided equallyupon the possible dissolution of the marriage."I bought my home in 2011 with my own moneys from my salary and with a loan, and my wife has never participated to anything while she has her own home in CT.Question 1: Does my prenuptial not imply that my home is separate property not dividable (my wife waived her rights to division) ?Question 2 : typically what could be the reasons why the judge would see it differently (community property) ?
Counselor at Law