Business and Finance

My fiancé made a lot of money as a child actor, but now his income is choppy. Would I be on the hook for alimony if we divorced?


I am 50. My new fiancé is 52. We have each been married as soon as earlier than. We won’t be having youngsters. In his trade (leisure), his income ebbs and flows. Great years should be managed to offset not-so-great years. 

He has no set medical, retirement plan and so on.  Quite frankly, he got here into a nice deal of money on this trade as a child, traveled the world but actually by no means had anybody to assist handle by way of it (arrange future retirement plans, and so on.).  

His first spouse loved the life-style, but they have been each younger jet setters having fun with a aspect of life that appeared not possible for a poor child. Today, he is nonetheless very lively and is in the center of securing a profitable contract, but largely went by way of life with out planning/saving.  

I am in company America with a wholesome income, and it is steady. I have had advantages, together with retirement and different investments alongside the manner. I adopted “the rules” with saving. I have fairness in my residence, life insurance coverage and have had a couple of good investments that deal with me effectively.

‘I have equity in my home, life insurance and have had a couple of nice investments that treat me well.’

On paper, I seem way more established than he does. My income is traceable and my accounts up entrance. He makes a lot of money internationally, a lot of money offers for manufacturing and so on, and does have some formal contracts like the one famous above.  

My level: If there have been a divorce in the future, I would stand to lose half probably as a result of my income and wealth is up entrance and trackable: Equity, established retirement accounts, financial savings, and so on. Moreover, I must pay alimony. 

A prenuptial settlement might probably clear up the fairness, retirement and financial savings but it might not take care of the alimony piece. If we have been to divorce after say a two-year lull in his income, the decide would see my very steady three years of income.  

The decide might conclude the divorce would depart him in a life-style totally different than he had change into accustomed to in marriage and, due to this fact, I would pay alimony. In brief, later marriages have extra to think about than a first marriage at 25.   

My query is whether or not marriage with a prenup or a home partnership with a contract would be finest for us. Unfortunately, I am not younger sufficient to have to separate my retirement in half and work lengthy sufficient to make it up once more.  

This is not a wager in a failed marriage, it’s about planning in case the unexpected occurs.  

Thanks upfront.

The Fiancée

You can electronic mail The Moneyist with any monetary and moral questions associated to coronavirus at [email protected], and observe Quentin Fottrell on Twitter.

Dear Fiancée,

All marriages are a enterprise contract — along with a romantic declaration to the world that you simply need to spend the relaxation of your lives collectively. It’s attainable to be sensible and romantic, cynical and idealistic at the similar time. Prenuptial agreements co-exist with marriage contracts, in spite of everything, and for hundreds of thousands of Americans they go collectively like bread and marmalade. 

You can use a prenuptial settlement to take care of your concern. According to the Law Office of Bradley S. Sandler, “Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony.”

Among them: “The future spouse must have independent legal counsel at the time of signing the prenuptial agreement and the terms must be conscionable at the time of signing. If these requirements are met, spouses are allowed to determine support before the wedding.” What’s extra: “Provisions can be made in the contract that limit the amount or duration of spousal support.”

Prenuptial agreements co-exist with marriage contracts, and for millions of Americans they go together like bread and marmalade. 

Your waiver, the regulation agency provides, might additionally be dependent on a quantity of elements: “For example, a spouse will waive alimony unless the marriage lasts for a certain length of time, or spousal support will trigger if a spouse reaches a certain age, incurs a disability, or a situation arises which renders the spouse unable to rejoin the workforce after the marriage.”

Domestic partnership comes with many drawbacks associated to medical insurance coverage and income taxes, among other issues. In addition, they aren’t federally acknowledged so that they received’t work for {couples} the place one individual is a international citizen and requires a Green Card. Call me old style, but if you are going to get hitched, get a marriage license or don’t do it in any respect. 

One ultimate phrase of warning: Make certain this is the man for you, and you’re 100% dedicated to signing on the dotted line with out reservation on your wedding ceremony day. What you say about your regular income — however a decide’s opinion on the matter — is sensible at first look. Just be certain that this concern is not a proxy for your nervousness about saying, “I do.”

By emailing your questions, you comply with having them revealed anonymously on MarketWatch. By submitting your story to Dow Jones & Company, the writer of MarketWatch, you perceive and agree that we might use your story, or variations of it, in all media and platforms, together with through third events.

Check out the Moneyist private Facebook group, the place we look for solutions to life’s thorniest money points. Readers write in to me with all kinds of dilemmas. Post your questions, inform me what you need to know extra about, or weigh in on the newest Moneyist columns.

The Moneyist regrets he can’t reply to questions individually.

More from Quentin Fottrell:

‘I just don’t trust my sister’: How do I gift money to my nieces without their mother having access to it?
We’re getting married and have a baby on the way. My wife has offered to pay off my $10,000 student debt and $7,500 car loan
I have three children. I quitclaimed my house to my most responsible son. Now he has blocked my calls
My brother-in-law died, leaving his house in a mess. His landlord wants me to repaint and replace the carpet. What should we do?



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