Question: I didn't think I needed a prenup. I met my husband when we were in college at the University of Georgia. I dropped out of school and we got married and had three kids. I've been a stay-at-home mom for 18 years.
About 6 months ago I caught my husband cheating. I thought he was out playing golf but a friend texted me that she saw him at a hotel with another woman. My friend was at the hotel because her husband had a business dinner at the hotel with his company. The hotel is in Alpharetta.
When my husband came home at about 3:00 a.m. he admitted to the affair and said he had been seeing her for about 2 years. They met at Hooters. She now works at his company just off of Windward Parkway.
I have spoken to several divorce attorneys and they have told me that I'm going to probably get a divorce settlement that will not be enough money to keep me and the children in the lifestyle we are accustomed to. I like horses, tennis, convertible cars, nice jewelry and expensive clothes. I feel like I've earned them!
My mother always told me to get a prenuptial agreement because her first marriage didn't work out and she struggled financially. But I didn't listen to her. I thought we'd always be married. Now I'm shocked to find out that I'll be financially hurting.
I know I should I gotten a signed prenup. Now is there anything that I can do to help my financial future?
P.O. in Alpharetta
Answer: Unfortunately, the time to sign a prenuptial agreement is before you are married. However, it is possible to enter into a postnuptial agreement after you are married. (A postnup is basically the same thing as a prenup, just signed after you are married. A postnuptial agreement can be entered into even after years of marriage.)
In your case, though, it is highly unlikely that your husband will now want to execute a postnuptial agreement because it sounds like a divorce is imminent.
Sadly, we field these sorts of questions fairly regularly. Many times a couple is about to go through a divorce and one of the parties wishes that he or she had gotten a prenuptial agreement or even a postnuptial agreement.
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