When you are the “less wealthy” spouse…

When you are the spouse with less money, you generally have more questions about prenuptial agreements, and may come to the internet for the answers. Let us here at NYC Prenup help you out! We can alleviate your concerns with just the click of a button- literally!

The ‘less wealthy’ spouse is not giving up anything, as the situation may be viewed by many. The less wealthy spouse is agreeing that his or her rights to property can be and will be determined by this prenuptial agreement and not the ‘court of law’ here in New York.  But keep in mind that having a judge in a New York court decide the terms of your divorce may not seem fair to you either.  Judges have difficult, busy jobs.  Judges do not always have the time to completely understand your particular situation.  And the cost of a trial to decide the merits of a divorce can be very long and expensive.  A New York prenuptial agreement is the opportunity for you and your spouse to decide how to divide up assets or calculate alimony in the event of a divorce.  The power is in your hands, not in the court.

Many of our clients have explained to us that as the ‘less wealthy spouse’ they at times feel they do not have as much control over things- even if it is only in theory- in the financial department of the marriage, or soon to be marriage, as they would like. We understand that that can be a difficult situation and set of cirumstances when you are entering into marriage upon equal terms, it can create a subterranean layer of taboo, of avoidance and awkwardness, and just a secretive nature of not wanting to discuss finances. Most of these individuals have told us that being a part of the prenuptial agreement process has actually helped them feel that they had a say, they were taking control on issues relating to finances and assets in the relationship and for the future of the marriage that helped them see that they had a voice, and in the end do you know what this did, perhaps ironically? Strengthened the individual and fortified the relationship. We cannot tell you how many times we hear this after we complete a prenuptial agreement, and it is one of the best parts of our jobs for our New York prenup lawyers here at NYC Prenup. Most people are not going to want to ‘take their chances’ and gamble that the Judge on the bench in a court room presiding over- essentially- your future will simply take kindly to you, recognize that you were the lesser earning spouse in this marriage, and make sure that you are entitled to a certain amount of assets. Sure, this would seem fair and equitable to you, but what is equitable to His or Her Honor may be a very different idea from what you had in mind and you will be left feeling even further disempowered than you had prior to the marriage, when you avoided the ‘money talk’ altogether.

Remember, you don’t even need ‘your own’ lawyer if you are the less wealthy party. You just need an impartial lawyer to draw up the agreement and ensure that each of your interests are being met in a way that is fair and equitable- to YOU- not to the court and at the mercy of a Judge you’ve never met. Let us be a part of that process, a part of your personal empowerment, and help you create security for your future.

We are looking forward to helping you prepare your prenuptial agreement today!