Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

After a 3 years relationship, I recently got married to a…

Customer Question
hello,After a 3 years relationship...
hello,After a 3 years relationship, I recently got married to a wonderful physician who will soon start making triple of what I make now. Prior to that, I had lost my business after hurricane Sandy in 2012 and had spent at least a couple of years paying debts and the recovery was slow...my question is how can I protect my wife and her assets from being affected by any claim from the IRS or debtors or whomever?
is that hard to achieve due to the fact that we are now married or are there measures (including changing the company from a c corp to an LLC, etc - btw, I work now in advertising) to shield her from any lawsuit or claim?thanks
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/7/2017
Family Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,653
Experience: Licensed to practice before state and federal court
Verified
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.
Ask Your Own Family Law Question
Customer reply replied 1 year ago
hello,
when should i expect an answer to my question ?
Family Lawyer: Legal Eagle, Lawyer replied 1 year ago

My sincerest apologies. The system is imperfect and I was unable to find this question after my initial post. However, I don't want you to wait any longer than necessary for an answer so let me opt out and let another expert take over. PLEASE DO NOT RATE as your question may be closed by the moderators and you won't get your question answered. Thanks again and my sincerest apologies.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I am reposting the question here-below for your perusal.I hope you didn't make me wait in vain....hello,After a 3 years relationship, I recently got married to a wonderful physician who will soon start making triple of what I make now. Prior to that, I had lost my business after hurricane Sandy in 2012 and had spent at least a couple of years paying debts and the recovery was slow...myquestion is how can I protect my wife and her assets from being affected by any claim from the IRS or debtors or whomever?
is that hard to achieve due to the fact that we are now married or are there measures (including changing the company from a c corp to an LLC, etc - btw, I work now in advertising) to shield her from any lawsuit or claim?thanks
Family Lawyer: RayAnswers, Lawyer replied 1 year ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,596
Experience: 30 years as a family law lawyer .
Verified

Here a post nuptial agreement is possible, this would keep your finances and debts separate her after marriage.

Sample forms

OSTNUPTIAL AGREEMENT
THIS AGREEMENT (the “Agreement”), made this____________ day of ___________________, 20 _____ by and between _________________________ of _________________________________ _____________________________ (the “Husband”) and _______________________________ of _______________________________________________________________ (the “Wife”).
RECITALS
WHEREAS, the Husband and Wife are married on the _____________ day of ___________________, ____________ under the laws of the State of _______________; and
WHEREAS, the Husband and Wife wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
NOW THEREFORE, in consideration of the intended marriage and of the mutual promises and covenants of this Agreement, the Husband and Wife hereby agree as follows:
PURPOSE
Both Husband and Wife currently own certain real or personal property, individually as mentioned on the Exhibits A and B attached to this agreement. Both Husband and Wife wish to make a clear record of their intents with respect to the control, management and operations of their properties and debts. Now the parties wish to set forth in this Agreement their respective rights in and to all property either owned at the date of their marriage and in and to all property that may be acquired by either or both of them after their marriage, in the event of a divorce or dissolution of the marriage, or on the death of one of the parties.
SEPARATE PROPERTY
Husband and Wife shall separately retain all rights in the property which he or she now owns, or may own or acquire separately in future including all appreciation, as well as any income acquired separately in the future ("Separate Property"). Complete lists of each Party’s Separate Property are attached to this Agreement as Exhibits A and B. Separate property shall also include gifts or inheritances one party receives from a third party. The Husband and Wife shall have the unrestricted right to dispose of such Separate Property, free and clear of any claim and with the same effect as if no marriage had been consummated between them.
JOINT PROPERTY
All property not specifically deemed Separate Property will be considered Joint Property of the Husband and Wife (“Joint Property”). In the event if the Husband and Wife become separated or divorced, or upon the death of a party, all Joint Property will be deemed to be owned in the following manner:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
WAIVER OF RIGHTS
The Husband and Wife hereby mutually waive, release and relinquish any and all right, title or interest whatsoever, whether arising by common law or present or future statute of any jurisdiction or otherwise, in the Separate Property and probate estate of the other, including but not limited to distribution in intestacy, the right of election to take against the will of the other, any rights accruing by reason of events occurring prior to their marriage, and any right to dower, courtesy, statutory allowances, and spousal support. Such waiver, release and relinquishment shall not apply and is not effective with respect to any rights or entitlements a party may have as a surviving spouse under the Social Security laws or with respect to any other governmental benefit or governmental program of assistance.
ALIMONY OR SUPPORT
The Husband and Wife hereby specifically agree that neither shall make any claim for or be entitled to receive any money or property from the other in the form of alimony, spousal support, or maintenance in the event of separation, annulment, dissolution or any other domestic relations proceeding of any kind or nature, and each of the parties waives and relinquishes any claim for alimony, spousal support or maintenance, including, but not limited to, any claims for services rendered, work performed, and labor expended by either of the parties during any period of cohabitation prior to the marriage and during the entire length of the marriage. The waiver of spousal support shall apply to claims both pre and post-judgment.
ERISA RIGHTS
The Husband and Wife specifically waive any right, whether created by any statute or otherwise, to pension, profit-sharing, or other retirement benefits earned by or credited to toe other, including, but not limited to, any joint or survivorship rights and any right which might arise in the event of the parties' separation or the dissolution of the marriage.
ADDITIONAL DOCUMENTS
Upon the solemnization of the marriage, each party shall execute such waivers or other documents as the other may reasonably request to evidence such waiver.
RIGHT TO CONTEST
Nothing contained under this Agreement shall limit the right of any party to contest any domestic relations suit between the parties or to file a countersuit against the other party. However, in any hearing on such suit, neither party shall maintain any claim or demand whatsoever against the other for property, suit money, attorney fees and costs which is either inconsistent with or not provided for in this Agreement.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. All prior agreements, covenants, representations, and warranties, expressed or implied, oral or written, with respect to the subject matter hereof, are contained herein. All prior or contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants, and warranties, with respect to the subject matter hereof, are waived, merged, and superseded hereby. This is an integrated agreement.
BINDING ON SUCCESSORS
Each and every provision hereof shall inure to the benefit of and shall be binding upon the heirs, assigns, personal representatives, and all successors in the interest of the parties.
SEVERABILITY
In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
MODIFICATION
This Agreement may be modified, superseded, or voided only upon the written agreement of the parties. Further, the physical destruction or loss of this Agreement shall not be construed as a modification.
ACKNOWLEDGEMENTS
Each party acknowledges that he or she has had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys individually selected by each party, without any form of coercion, duress or pressure. Each party acknowledges that he or she has examined the Agreement before signing it, and has been advised by independent legal counsel concerning the rights, liabilities and implications of this document.
GOVERNING LAW
Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the state of _______________________________.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set forth below.
___________________________________ ______________________, 20__
Husband's Signature Date
___________________________________ ______________________, 20__
Wife's Signature Date

WITNESS
Print Name: _________________________________
Signature: _________________________________
Address: _________________________________
Print Name: _________________________________
Signature: _________________________________
Address: _________________________________

State of_______________________
County of _____________________
On this ___________day of ___________, 20_____, before me, the undersigned Notary Public, personally appeared __________________________________________ and _______________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who signed and executed the foregoing instrument in their authorized capacity.
My Commission Expires: _____________

______________________________
Notary Public

You can use this to make sure your debts here are yours and hers are hers.I would file married filing separately as well to keep her returns separate from you.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Sorry typo on title

POSTNUPTIAL AGREEMENT

Ask Your Own Family Law Question
Customer reply replied 1 year ago
We didn't do a prenuptial agreement, so I'm not sure I understand why would I want to sign a post nuptial agreement.I'm not objecting, I'm just not understanding the reasons behind it.my aim is to protect our family from outside threats, not to protect her from me. At any rate, how can a post nup be of value in case the IRS or a debtror comes after me? kindly elaborate.
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

You would be allowed to sue for breach of contract.It would allow you to divide assets and liabilities and keep finances separate.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
sue who? my wife?
that is not what i am looking for.
If anything I want to protect her assets from anyone suing me.
are we talking about the same thing here?
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Here you claim the IRS debts and cards you want to assume in order to protect your wife.Otherwise if you marry here she may become liable.If you want to protect here you assume the debts in writing.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 1 year ago

You can do that by post marital agreement.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,596
49,596 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Can M. Registered California domestic partners living in
Registered California domestic partners living in Montana. How do we file on federal and state taxes? … read more
RayAnswers
RayAnswers
Lawyer
Doctoral Degree
49,596 satisfied customers
I own several rental properties in Pennsylvania. These still
I own several rental properties in Pennsylvania. These still have outstanding mortgage debt. If I get married is my new spouse personally obligated to pay back the debt if I were to default or die bef… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
NY During hurricane Sandy, 2012 a disabled family members
NY During hurricane Sandy, 2012 a disabled family members SSD income was not deducted for expenses due to the trauma and relocation from the families home being flooded and because there were 4 senior… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
My husband and s 2 brothers own a corp. together. I've
Hi...my husband and his 2 brothers own a corp. together. I've been married 30 years to my husband. We have 2 boys, 27 & 23 yrs. old. Their both on their own. Since I've been married, us 6 couples have… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In my divorce papers my ex can claim my second child on his
In my divorce papers my ex can claim my second child on his tax return every year. He passed away 4/2015 so child support ended. I went to file my taxes and claim her because according to my accountan… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,191 satisfied customers
I have court ordered and income deduction orders child
I have court ordered and income deduction orders for back child support on my ex in the state of Florida. He got a contract to possible hire job in Milwaukee WI. I have already served the payroll depa… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
I'm planning on getting divorced in Texas. Prior to getting
I'm planning on getting divorced in Texas. Prior to getting married my husband financed a truck and then went to jail a few months later. I made the majority of the payments on the truck til it was pa… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I was with a woman for 21 years. We were never legally married.
I was with a woman for 21 years. We were never legally married. After some years the IRS was having us file jointly. She is attempting to file for disability and has told me she can't under her maiden… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We took the adoption credit in 2012 for a finalized adoption.
We took the adoption credit in 2012 for a finalized adoption. Also in 2012, we advanced funds toward a second adoption that failed in 2012. We did not take a second credit for the failed adoption. Can… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
I need advice about a tax issue. Specifically, the law on tax
I need advice about a tax issue. Specifically, the law on tax liability in a marriage. I am in a situation where I am self-employed and responsible to send in my own tax payments, but recently I have … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
We have joint custody of our daughter. My ex husband pays child
We have joint custody of our daughter. My ex husband pays child support. I am the primary custodian and our daughter lives with me here in Texas. My ex lives in California with his new wife. Last year… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
My mother is currently living in a nursing home. She has dementia
My mother is currently living in a nursing home. She has dementia and does not understand current issues. I am her daughter Sandra and I have a power of attorney as well as a document from her physici… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
I have a job and get paid well. I live in Texas and me and
I have a job and get paid well. I live in Texas and me and the mother of my son were never married and after court proceedings I started paying $800 in child support. Since then I got married and have… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I learned something from my current wife (my second marriage).
I learned something from my current wife (my second marriage). Until a conversation last week, she had told me she was married 2 times before – and that is what she put on the Marriage License (in Vir… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
HI,I just discovered something from the debtors exam. I
HI, I just discovered something from the debtors exam. I have already been questioned for over an hour, and the discovery is being used on websites to defame me. They also got a judgment on april12 20… read more
socrateaser
socrateaser
1,031 satisfied customers
I own an S-corp, and my wife is not involved with the company.
I own an S-corp, and my wife is not involved with the company. If we put money in an account in just her name, would that money be at risk if there was ever a judgment against my company that exceeded… read more
A-LEGAL-MIND
A-LEGAL-MIND
Attorney
Doctoral Degree
142 satisfied customers
I recently lost a case in circuit court that was filed by my
I recently lost a case in circuit court that was filed by my LLC against my wife, the tenant in the LLC's building.This case is now res judicata. Now we are progressing to Family Law Court in another … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi my name is XXXXX XXXXX I live in paso robles california I
Hi my name is XXXXX XXXXX I live in paso robles california I am married and my wife is pregnant she is 12 weeks and she has decided she wants an abortion I dont want her to have one we are spliting ov… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x