Protecting yourself in marriage

[Hooligan Harry]

No intentions of getting married, just a few questions for guys who have gone through divorce or maybe know the law well enough to comment.

1) Does a spouse have rights to assets owned in a family trust? If I put 80% of my wealth into a family trust can that be touched as part of a divorce settlement?

2) Are assets in trusts taken into account when maintenance payments are calculated?

3) Can one force an ex wife to produce invoices for expenses claimed for children?

 

[Bible_Belt]

It's hard to tell you for sure. Those are good questions, trusts are complex, and the answer might be a little different in each state. A local family law attorney can answer you with more certainty.

Here is an article about a few New York state cases:
http://www.international-divorce.com/trust_assets.htm

Generally, courts will frown upon anything that looks like you are trying to hide money in order to not pay maintenance or support that you would owe if not for the trust. Putting assets in a trust needs to have a valid business reason independent of sticking it to your ex-wife.

By the way, trust law is intricate and expensive. When there is money at stake, you need a good attorney.

 

[squirrels]

I'd say if you trust the woman THAT little that you need to worry about hiding assets, then assets are much easier to hide if you DON'T marry her in the first place.

 

[bigjohnson]

Here's a better question: Would you ask your mechanic for advice on treating cancer? Or maybe you would like your personal trainer to fly the next airplane you take to Chicago?

You're asking for free legal advice in a dating forum. It will be worth what you pay for it.

 

[Warrior74]

3) Can one force an ex wife to produce invoices for expenses claimed for children?

In my state...no you can't. Check your local laws.

 

[ElChoclo]

This advice is probably valid for any industrialized country with a basically English based legal system.

1 Assets in trusts are not "owned" by the beneficiaries. They are supposed to be controlled by someone else. However, if you put the money into it and it is regarded as a "sham" which you basically still exercise control over, then it could be attacked.

2 If somone else like your family put the money in, and it is controlled by a bona fide trustee, then the wife has virtually no chance.

3 You can make someone produce any document which is relevant to proceedings and the document relates to something in issue. Whether they produce it or not depends on whether they have kept it and don't want to risk contempt proceedings. There is of course the subpoena, records are kept by 2 people you know, those who receive the money and those who give the money. Once money is deemed payable you don't get to play the role of company auditor and require an ex wife to produce receipts before payment, you are stuck with payment. Remember, the system requires administrative convenience.

Trust assets probably won't be taken into account, mostly support payments are income based not asset based (partly because most people live day to day not like JP Getty). The income paid to you from a trust is just like any other income, up for grabs.

Remember this advice comes from outside the USA. You have 50 little kingdoms making different laws there, so you need to think about which State you live in for a start.

 

[Hooligan Harry]

I'd say if you trust the woman THAT little that you need to worry about hiding assets, then assets are much easier to hide if you DON'T marry her in the first place.

One needs to be realistic though squirrels. You never go into a marriage expecting it to end. You also never expect the sweetest girl in the world to take you to the cleaners.

My question is two tiered because I am considering opening a trust for property that I buy. I would make my sister and nephew part of that trust. I just dont want her husband to have access to those funds or assets should they divorce. Likewise, if I start investing what I have into that now, should I decide to get married the majority of my assets wont be hers for the taking because they are effectively not just mine.

@bigjohnson

Noted, I would seek legal advice. Just something that mayb people had experience with. Anecdotal can be just as valuable sometimes

 

[sodbuster]

Read "screw the Bi***", sold by palladin press. It's a mens guide to divorce. NOt something a divorce lawyer will recommend, but it is something you could read before the marriage or divorce is thought about

 

[Phyzzle]

I know this one:

3) Can one force an ex wife to produce invoices for expenses claimed for children?

No.

If you think about it, it's not really workable to give guys the option of auditing their ex-wives every month through the court system. Child support is a flat monthly rate.

 

[Warrior74]

I know this one:



No.

If you think about it, it's not really workable to give guys the option of auditing their ex-wives every month through the court system. Child support is a flat monthly rate.

yah..its not workable...but see the accountablility thread. Nothing worse than seeing the ex missmanage funds or use your money for everything but your kid.

 

[bigjohnson]

@bigjohnson

Noted, I would seek legal advice. Just something that mayb people had experience with. Anecdotal can be just as valuable sometimes

Ya, not trying to be a ass, but I *am* trying to give good advice - see a lawyer or at least ASK ON A LEGAL ADVICE FORUM. I do know that prenup, prenup, and prenup are the 3 hottest words a potential wife can say yes to for me.

"I ask for an*l" and "I wake up wanting to blow you" are #4 and 5, but not respectively.

 

[Phyzzle]

yah..its not workable...but see the accountablility thread. Nothing worse than seeing the ex missmanage funds or use your money for everything but your kid.

Men should be aware that this isn't a civil or financial issue, but a criminal issue: if she isn't taking care of the kids, she needs to be reported to a local CPS.

Indeed, I have in-laws with this problem. Their son pays his ex because she has "custody", but she rarely sees the child, who is being de facto raised by the guy's parents. After the boy visits the mother who is paid to raise him, he sometimes comes back wearing the same clothes and weak from hunger. But it is really hard to get the CPS or court system to do anything beyond "we'll look into it, LOL."

But in defense of the system, they awarded custody to the mother because the father is himself a complete screw off with a criminal record and a dishonorable discharge.