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

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 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.


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