Protecting assets


#1

ok after a long messy divorce, it’s now been final for 4 months. While I am in no way ready to even begin dating much less something more serious, it isn’t beyond the realm of possibility that I could end up married again one day. So…

Is there any way to insure that any asset I have prior to marriage will not be merged into “martial assets subject to division” if things went bad again? For instance, my existing 401K funds… if prior to any marriage I totally stopped contributing to “those” funds, and only to a different one during the marriage, would they and all accumumated gains still be considered “mine”? I have had enough “cloudy issues” that went against me to last two lifetimes.

I know you could likely handle that with a pre-nup… but I always suspected asking someone to sign one is basically stating you feel the marriage might fail… not the best way to start off.

Thanks for any info you can give.


#2

Even without a pre-nup any asset that you own prior to a marriage is your separate property and will remain your separate property so long as you do not gift it to the marriage by re-titling an asset jointly, or use separate cash for martial purchases the funds in a retirement account acquired prior to marriage will likewise remain separate.