Legal Question in Family Law in South Carolina

protect assets, divorce, prenup

I live in South Carolina. Married woman from China (11 months ago). We have 5 month child. Although we planned that she would get some training and eventually she will go to work - she is not studying English language almost at all (and her English is bad). This is of course a big obstacle to any future plans for her to get training/go to work. Basically she is lazy (even she admits it) and is not studying - cause of multiple arguments between us. I am ~ 54 and I pay child support for my daughter from previous marriage. Next year she would go to college and 50% of college costs are my obligation - as per divorce agreement. And of course I will have to take care of a little child we have. In this situation my main concern is to protect my before marriage assets as well as my current earning. My point is, �if you are too lazy to learn, I am not going to pay for you�. Should I divorce, legally separate or create some sort of pre (post in this case) nuptial agreement which will protect my assets (IRA account, 401k etc.) from her.


Asked on 7/23/07, 10:58 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: protect assets, divorce, prenup

Your first decision is whether you want to remain married to your wife or not. If the answer is yes, then you need to pursue counseling. If no, then you need to protect yourself and your interests.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 7/23/07, 11:07 am


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