Is there anyway around a prenuptial agreement?

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Is there anyway around a prenuptial agreement?

Marriage ending in divorce. My wife had a prenup because she had more than I had (she had a house, etc. and I had only an old car).  The prenup said what was hers is hers and what was mine is mine. Now, 14 years later we are in a different newer home and her income is around $70,000 per year with me on SS of around $10,000 per year. We are presently in a $250,000 home but I am looking for a low income rental apartment because of my income. Am I entitled to anything or do I go from riches to rags?

Asked on January 31, 2011 under Family Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no easy answer: much, if not most, will be determined by the exaact language of the pre-nup and the circumstances under which it was signed. Generally, pre-nups are enforceable; however, like any other contract, they only cover what was in them. So, for example, if this prenup addressed assets you each brought into the marriage but was silent on assets acquired during the marriage, then it may be the case that you have a claim to part of the after-acquired assets. You need to take the prenup to a divorce or matrimonial attorney to review for you; it may well be that there are some categories of assets or income not covered under it.


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