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Old 01-07-2021, 08:52 AM
  #109  
NuGuy
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Originally Posted by TransWorld View Post
That is a pretty broad brush statement. You have data to back that up? My understanding, unless it has a clause that is specifically against the divorce state law, the pre-nup is honored. Just like if you and I make a civil contract. Unless it is against a state law, it is pretty much honored in all other states.
If it is something along the lines of “you take what you brought, and everything else is split 50/50”, then they’re pretty airtight. I’ve see some cases where the other party (both wife and husband) tried to shark up to contest, but the document stood. The absolute key to this working is post-marriage maintenence of assets. As soon as you co-mingle pre-marital assets, then they become attachable. It’s best to simply pack that stuff off into a trust and let it sit, but that takes considerable pre-planning and self-control. Some would say it’s “planning to fail”, but considering the divorce rate, others would say it’s prudent.

I’ve also seen some cases where the husband got alimony, but those are outliers. Small number, but definitely not zero.

In FL specifically, assets acquired via inheritance are protected and cannot be attached in a divorce.
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