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Question:
Can a 24-year-old prenuptial agreement be overturned?
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My husband stands to inherit a large amount of money and real estate through family trusts and businesses. I had no idea when we got married he would inherit money. We have only one asset (our home). Because I am 57, will have a hard time getting a good paying job & cannot work 60 hours a week. I have worked part time most of the 24 years of the marriage. Pay for all my own clothing, entertainment, travel etc. He cut off my access to our joint checking and savings accounts almost 2 years ago. He cut off my access to our medical account. I NEVER spent “our” money recklessly, nor did I ever spend the medical funds on non-medical expenses. The lawyer I consulted about the prenup called it an “unconscionable agreement” and advised me not to sign it after my then finance refused any and all changes as requested. I was 4 months pregnant. She said she did not want her name down as representing me because if I sign the agreement, she might be liable as the agreement is so unfair. I am seeking a divorce, want more than 50% of the value of our home, and $30,000 a year from him. He will inherit several million & is set for life. I have almost nothing. Can I get support? We have 2 adult kids.
Answer:
You will receive an equitable share of all marital assets. Whether that is more than half of the value of the marital residence will depend on all of the circumstances of your case. A court will need to know when he will receive his inheritance. Whether the terms of his inheritance can be altered will also be important. You should consult with an attorney who can review all of the facts and provide you with a complete analysis of what you might be entitled to.
Do you have questions about your prenuptial agreement? If so, contact the experienced Saratoga Family Law Lawyer Jean Mahserjian.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
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