Can my fiance’s ex-wife go after my assets once we are married?

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Can my fiance’s ex-wife go after my assets once we are married?

My fiance and I are looking to find a way to protect my assets once we are married; his ex-wife is threatening to go after my assets.Will a prenup protect us?

Asked on March 29, 2012 under Family Law, California


Alan Pransky / Law Office of Alan J Pransky

Answered 12 years ago | Contributor

I don't know of any way in which a former wife can go after a new wife's assets.  If child support or alimony is being paid, there are some circumstances where the wife's income may contribute to an increase in payments.  In most circumstances, the wife's income won't cause an increase in payments.  You may wish to do the following:

Don't transfer assets from wife to husband.  This includes joint bank accounts.  You can put a "payable on death" clause on assets.

Do execute a power of attorney for new spouse

Do write wills for both spouses which consider how any children from prior marriage are treated.

A prenuptial agreement may be needed to protect inheritance rights of existing children from new spouse.

The best way to address this is to consult an attorney who can discuss the specifics of your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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