Q. I am getting married in July and my fiancé asked me to sign a prenuptial agreement because his parents are worried about his inheritance. I don’t have a lot of money, and we are paying for the wedding ourselves. A lawyer is not in the budget. Now that I see the agreement I have questions.
My fiancé works in a family business which he will someday inherit. It says I can’t get any of the business, which is fine, but it also says he keeps all income earned from his separate assets as his.
Also, it says I can’t get alimony unless I become disabled. Then, I can ask for alimony but not income from any of his separate assets he owns.
And the last piece that bothers me is it says he does not have to disclose his assets if we get divorced unless they are joint assets. I don’t know what to do. Should I just sign it? I love him and want to get married.
A. Do NOT just sign. You need to have the agreement reviewed by a lawyer. I understand you don’t have the money but presumably he loves and wants to marry you as well. Tell him you do not understand the terms, and you cannot sign if you don’t understand. Tell him you need legal advice and ask him to pay your legal fees since he is the one that wants the prenuptial agreement.
Typically, when someone works in a family business, there is language carving out that income earned by working in the family business during the marriage becomes joint so if you buy a home together, his contributions to the monthly mortgage increase the value in the joint property. If your agreement says something different that is a problem.
As for alimony, you can agree to waive it but first make sure you understand the situations which would entitle you to receive alimony. Is there a situation where you might stay home for a few years to raise children? If so and a divorce happens when you are not working, should you waive alimony? You need to be extra careful with how his income is defined for alimony – the difference should be earned income versus passive income.
Finally, everyone divorcing in Massachusetts has to fill out a financial statement form where they disclose all of their assets. This requirement cannot be waived in a prenuptial agreement.
Email questions to whickey@brickjones.com