Legal Question in Family Law in Illinois
Marrying a divorced man who pays child support
Once I am married to my future husband who is divorced and pays child support, are all of my assets considered his and can his ex-wife ever sue us and go after my income/assets?
1 Answer from Attorneys
Re: Marrying a divorced man who pays child support
To be accurate, 1/2 of your assets are considered your husbands and can be attached by the ex. The only way to really protect yourself is a pre-nup. This entire problem stems from an IL Supreme Court case about two years ago where the ex got access to the new wife's retirement accounts. Since then many people are getting pre-nups for the purpose of protecting themselves from just what you are asking about. We do a few of these a month, and they are not that big of deal and provide peace of mind. Let me know if you have any other questions.