Legal Question in Family Law in New Jersey

divorce

how can i protect assets (IRAs & 401Ks) from going to a second wife... not married yet.. just planning. any options other than pre-nup?


Asked on 1/26/08, 11:15 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: divorce

we want prenup. we want prenup!

seriously, you need some advice here.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/28/08, 10:58 am
Salvatore Principato Salvatore Principato, Attorney at Law

Re: divorce

One should avoid comingling of pre-marital assests generally upon (re)marriage. You should try to keep any property, whether real estate or personal preoprty such as IRA(s) in your own name. If you continue to contribute to the same 401 K after the marriage this amount will be subject division upon divorce and it may creat a valuation problem. A prenuptial agreement may help. As a general rule keep them separate to retain exemption from equitable distribution.

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Answered on 1/27/08, 9:24 am
Gary Moore Gary Moore Attorney At Law

Re: divorce

You can be certain that you never commingle those assets with marital assets because they thereby become marital assets. You could have a prenuptial agreement protecting premarital assets.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/26/08, 11:48 am
Gary Moore Gary Moore Attorney At Law

Re: divorce

You can be certain that you never commingle those assets with marital assets because they thereby become marital assets. You could have a prenuptial agreement protecting premarital assets.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 1/26/08, 11:48 am


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