Does Health Insurance Coverage Count As Alimony?
One of the marriage trends the younger generation is embracing is the prenuptial agreement. It used to be that people only signed prenups if they were wealthy or if one or both parties had children from a previous marriage. These days, an increasing number of couples realize that prenups are an effective way to prevent conflict over finances both during your marriage and after, whether it ends in probate court or divorce court. If we are to believe social media, an increasing number of couples are also choosing to live on a single income, usually the husband’s, while the wife takes on a “trad wife” role of devoting her time to ensuring that the husband’s income goes as far as possible. It makes sense that a prenuptial agreement could enable a couple to prevent money-related conflict when only one spouse is in the workforce. No matter how much income or how many separate assets each spouse has, a prenuptial agreement only works if it is sufficiently detailed and if, when the parties sign, each one knows the truth about the other’s financial situation. A Birmingham prenuptial and postnuptial agreement lawyer can help you make the necessary disclosures to your spouse so that you can sign a prenup that will enable you and your spouse to pursue the family lifestyle of your choice.
Earth to Trad Wives: Don’t Sign Away Your Right to Health Insurance
Several years ago, the Alabama Supreme Court issued a ruling that interpreted a couple’s prenup to mean that the husband had no obligation to pay for the wife’s COBRA health insurance after the divorce. The parties chose to sign a prenup because the husband had children from a prior marriage. The prenup said that all property acquired during the marriage in one spouse’s name only would be that spouse’s separate property. It also stipulated that neither party could claim any support from the other, in the event of a divorce, including alimony, QDRO, or attorneys’ fees. The parties signed their prenup in the presence of their respective lawyers and other witnesses.
The wife quit her job after the birth of the parties’ first child, and eventually her dental hygienist license lapsed. After 18 years of marriage, the wife filed for divorce upon discovering that the husband was having an emotional affair with a coworker. She tried to persuade the court not to enforce the prenup, but the court ruled that it was enforceable, as the parties had entered into it willingly. The wife emerged from the divorce with only her half of the proceeds from the sale of the marital home; the Supreme Court ruled that the husband did not even have to provide health insurance for her.
Contact Peeples Law About Making Wise Decisions About Prenups
A Birmingham family law attorney can help you think about the big picture when you sign a prenuptial agreement that reflects your long-term plans. Contact Peeples Law today to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=5636445208607218841&q=divorce+farm&hl=en&as_sdt=4,61,62,64&as_ylo=2014&as_yhi=2024
