Here's a case the Colorado Court of Appeals just handed down today ass raping a guy in a huge, major way.
LINKYThe couple was wealthy, but only because the husband's family left a lot of property to husband and this property appreciated during the marriage. Note the biased way the Court describes this, saying: "wife explained that the case involved assets worth millions of dollars . . . many of these assets came from husband’s parents. . ." That's a shorthand way of saying that many of those assets were bequeathed to husband when his folks died, or gifted to him over the years individually. In Colorado, like most states, inheritance and gifts are separate property of the spouse that receives them, but APPRECIATION on those things becomes joint marital property.
The wife worked every day doing a horse boarding operation at the couple's ranch, but once she filed divorce she, you know, claimed she couldn't actually go out and get a job doing that. She was awarded spousal support as if it would be impossible for her to earn a wage .
In a lesson for all those guys who give their spouse an "allowance" each month, be prepared for that to become the floor for alimony, as that's what happened here. Husband was ordered to pay his wife $3000 a month in maintenance. I would suspect that her "allowance" -- given she was a homemaker -- also included HIS food costs and other joint housekeeping expenses, but you will see they didn't do anything with that.
Moreover, dude was ordered by the court to ADVANCE $150,000.00 to prepay his ex-spouses attorneys' fees war-chest and the cost of appraising all that property.
She's stealing from his family legacy, money and things his parents handed down to him. A prenuptial agreement would very easily have taken care of this issue, by providing that separate property AND appreciation on separate property remains the property of the spouse that receives it.
This lady did one MAJOR thing right. You'll see that the case is in Garfield county, and that's where the Husband's lawyer was from. But the wife hired Bill Hunnicutt, one of the "huge guns" out of Denver. And the Husband is getting PWN3D quite mightily.
So, lets review:
1. Don't treat your spouse like a teenager with an allowance. Even if you're a sole breadwinner and she's a homemaker, come up with a different mechanism for each of the spouses' folding money. I like separate accounts and a single "bill paying" account where both spouses earn a wage.
2. PRENUP PRENUP PRENUP! Get one. A good one.
3. Hire the best lawyer in the state, because if you don't she will. If your wife brings in a big gun you're already two strikes down, as she's got that and the biased laws on her side.
I didn't get raped this badly in my divorce, but my spousal support was about that much each month (roughly 63% of my take home pay, plus there was child support).