Brides Who Went to law school

I was wondering if any of the brides who either already got married or will be getting married got a pre-nup.

i know this can be a very touchy subject. i think that in ny, anything acquired during marriage is considered community property - including your law degree (ie future earnings from that). so that if you lived with fh during ls or got married during law school prior to graduation and passing the bar, that your law degree is partly his also. correct me if i'm wrong, still a 2L.

did anyone worry about that? of course we all want to think and believe that we will never be getting divorced (as do i), but anything can happen . . .

did anyone think of this? did it matter? did u do pre-nup (even if you were utterly broke during ls and didn't really have much in the way of assets at that point)?

tia!

---

i know this can be a very touchy subject. i think that in ny, anything acquired during marriage is considered community property - including your law degree (ie future earnings from that). so that if you lived with fh during ls or got married during law school prior to graduation and passing the bar, that your law degree is partly his also. correct me if i'm wrong, still a 2L

---

I'm a lawyer, and you are basically correct... (though NY Is NOT a 'community property' state - there are only 9 of those - just be careful how you use that term!) I'm pretty sure it applies only to marriage, though, and not living together... though in the grand scheme of things, the living together and getting married while in law school combination might help persuade one way or another how much FH would be entitled to.

Property acquisitions get a little trickier, but you're also basically correct. It's possible to acquire personal property that does not belong to the other, but it has to be properly designated. I'd have to look up the details. HOWEVER, I believe in NY, only what is EARNED is joint property (so it excludes inheritances and windfall gains).

Here is an older, but still accurate article for you to read: http://www.brandeslaw.com/separate_property/what_is_separate_property.htm

From a legal standpoint, yes, prenups are a good idea. From my personal standpoint, I don't really believe in them. Perhaps I am naive (and the divorce rates tell me I am), but I believe my marriage is forever... I guess if I were a millionaire and FH had nothing, I'd feel differently. Legally, better to CYA... Otherwise, it's a very personal decision. If you think you'd like to have that protection, then go for it. You just have to be prepared to explain things to your FH. He may take offense to it at first, but hopefully he won't!

Post-nuptial agreements also exist, but prenups are generally better respected. I would go with a prenup if you're thinking you'd want a post-nup.

---

Posted by Kara and Todd

---

i know this can be a very touchy subject. i think that in ny, anything acquired during marriage is considered community property - including your law degree (ie future earnings from that). so that if you lived with fh during ls or got married during law school prior to graduation and passing the bar, that your law degree is partly his also. correct me if i'm wrong, still a 2L

---

I'm a lawyer, and you are basically correct... (though NY Is NOT a 'community property' state - there are only 9 of those - just be careful how you use that term!) I'm pretty sure it applies only to marriage, though, and not living together... though in the grand scheme of things, the living together and getting married while in law school combination might help persuade one way or another how much FH would be entitled to.

Property acquisitions get a little trickier, but you're also basically correct. It's possible to acquire personal property that does not belong to the other, but it has to be properly designated. I'd have to look up the details. HOWEVER, I believe in NY, only what is EARNED is joint property (so it excludes inheritances and windfall gains).

Here is an older, but still accurate article for you to read: http://www.brandeslaw.com/separate_property/what_is_separate_property.htm

From a legal standpoint, yes, prenups are a good idea. From my personal standpoint, I don't really believe in them. Perhaps I am naive (and the divorce rates tell me I am), but I believe my marriage is forever... I guess if I were a millionaire and FH had nothing, I'd feel differently. Legally, better to CYA... Otherwise, it's a very personal decision. If you think you'd like to have that protection, then go for it. You just have to be prepared to explain things to your FH. He may take offense to it at first, but hopefully he won't!

Post-nuptial agreements also exist, but prenups are generally better respected. I would go with a prenup if you're thinking you'd want a post-nup.

---

All of this is correct. I was in law school when I met FH but did not move in with him until Dec. after I passed the bar. I suggested a pre-nup and I practically had my head ripped off. I personally don't see what the big deal, it's just a security blanket IMO, but FH feels like it's just planning ahead for your divorce. I posted a question like this a while ago and I was told there is a book called 'Pre-nups for lovers' or something like that which gives advice on how to bring the subject up if it's something you want.

I agree with the previous poster...if you have a lot of assets and he doesn't, you definitely want one. Or, if he has an 'off the books' type of job/business where he does not claim what he makes, you might want one. There's a lot of play when there's ownership of a cash business which can all of sudden go 'bankrupt' during a divorce. Or they claim they make $20K when they actually make $200K and then you can owe him maintenance. It's sickening. I have $160K in law school debt and a Nissan. FH has a home, a great job with an even better pension, a side-business, 2 trucks, a boat and zero debt. I'd probably be an idiot to get a pre-nup in retrospect! LOL