Legal Question in Family Law in Michigan

Marriage

Is there any other way to protect my holdings prior to getting married than prenap? I am concern about 401k, and brokerage accounts

thx,


Asked on 7/26/08, 9:24 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Marriage

A prenuptial agreement is definitely the best method to ensure your premarital assets are protected after your marriage. You can also have a will or trust drafted that leaves certain assets to specific people, besides your husband. However, he could possibly dispute these devises later, but that doesn't mean he would be successful, and you likely wouldn't be able to devise everything to someone else without him disputing it, and possibly winning.

I trust you are asking because he would not agree to a prenuptial agreement? If he will, then contact me to prepare it for you.

Keep in mind that simply because you get married does not mean that he is entitled to 50% of your assets, or any of them, as there are several factors the courts look at when dividing marital property, such as the length of the marriage, each person's contribution to the marriage, and his assets as well.

However, your best bet is to have a prenup.

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Answered on 7/27/08, 2:21 am
Keri Burnstein Keri Burnstein, P.C.

Re: Marriage

A prenuptial agreement is the best way to protect your pre-marital assets.

Keep in mind the law in Michigan basically states that anything accrued during the marriage shall be divided 50/50 however you are most likely to keep anything you had prior to marriage in your retirement accounts in the money is not comingled. Everything in a divorce is negotiable.

Feel free to contact me for a more detailed answer.

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Answered on 7/27/08, 5:30 pm


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