Legal Question in Family Law in Illinois
pre nup protection
I divorced a year ago. the reason for divorce is that his ex wife ran us thru the ringer with a court battle, trying to get my house (mine before the marriage) and my pension, etc. and to get me to pay child support. She admitted that the reason for this was that she was trying to destroy our marriage. Of course you can't prove that. this court battle and her turning his children against me, destroyed our marriage and it ended in divorce. It was that and that alone that destroyed our marriage. We are still in contact and realize that she was the cause of this, not a love loss on our part.my question is if we decide in the future to remarry, would I be protected with a pre nup agreement. would this stop another round of what she did in the past? thank you.
1 Answer from Attorneys
Re: pre nup protection
Forget the pre-nup agreement. You need a living trust. Many more advantages to a living trust. Of course, its more expensive than a pre-nuptuial agreement. However, the protection is greater, and it eliminates probate, and the expense of probate, if anything should happen to you. A pre-nup doesn't protect your assets from your spouse's creditors. Also, if he must ever go into a nursing home, the pre-nup doesn't stop the nursing home from taking your house to pay his bill. A living trust that's 5 years old or more at the time he goes into a nursing home will exempt your house from being taken to pay his bill. Please call for a free consultation.
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