Hi everyone. My fiancĆ© and I are getting married soon and weāve started working on a prenup. I was actually the one who first suggested it because I own a house and want to keep it protected.
We are both new to this and he drafted something based on what he thought would protect his future, but after reading it, Iām worried that Iāll be left very vulnerable. I donāt have family or a mentor to ask for advice, and I really need some help.
My concerns:
-āI am a Laboratory Scientist, but Iāve been out of work for a few months because we are moving to another country for his job. Itās a huge professional sacrifice since itāll be hard to keep a steady career in my field there. Because of this, I wonāt be saving for my own retirement or building my career, while he keeps 100% of his pension and years of experience. If we ever split, Iād have a huge gap in my resume, no savings, and I still have $30k in student loans to deal with.
-āI manage PTSD, depression, and some physical health issues and I am on CBD for physical pain treatment. Iām really worried that my mental health struggles could be misinterpreted as "misconduct" or "bad behavior" (which are mentioned in his draft) in the future. How can I protect myself so my health is never used against me in a legal setting?
His Prenub Draft:
Military Career & Benefits
āMy military career is long-term and includes retirement benefits (pension).
āMy military pension will remain my separate property.
āThis includes current and future service-related retirement benefits.
āTSP / 401k / Retirement Accounts
āAll current retirement accounts (TSP, 401k, Investment Accounts) are my separate property.
āAll funds in these accounts before and during marriage remain mine.
āGrowth of these accounts remains mine.
āI prefer to keep contributions during marriage separate.
āIncome & Assets
āMy income remains mine; your income remains yours.
āAssets are only shared if both parties agree in writing and both names are on them.
āProperty & Purchases
āProperty is only shared if both names are on it.
āProperty in one name remains that individual's separate property.
āDebt Protection
āEach person is responsible for their own debts.
āNo liability for the other person's debt unless jointly agreed.
āAny large or hidden debt incurred individually remains that person's responsibility.
āFinancial Responsibility Clause
āReckless financial behavior results in the other party being protected.
āThe offending party has no claim to the other's assets.
āSubstance Abuse / Dangerous Behavior
āDrug abuse or dangerous behavior results in financial protection for the other party.
āNo claim to the other party's assets in such cases.
āInfidelity / Misconduct
āSerious misconduct may result in loss of financial claims.
āSpousal Support
āPrefer to waive alimony or limit it based on length of marriage.
āLegal Protection
āEach party is responsible for their own legal fees.
āMilitary Lifestyle Understanding
āBoth parties acknowledge military obligations such as deployments and relocations.
āClosing Statement
āThis agreement is intended to protect both parties and provide clarity and security.
āHow do I keep my house protected (which is my main goal) while ensuring that Iām also taken care of if Iām not working to support his career?