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How Does Having a Pre-nup Affect Alimony?

How Does Having a Pre-nup Affect Alimony?

Interviewer: How often do you run into people with prenuptial agreements or who want pre-nuptial agreements?

Tanya: I prepare about 10 a year. It is not infrequently.

Interviewer: How much does it help to have one?

Tanya: It is enormously helpful. I think they are very good.

Interviewer: Does it make a future divorce a lot easier to navigate, minimizing the issues?

Tanya: Yes, absolutely. The problem with family law, as I mentioned before, is it is very discretionary. So hypothetically, you are married for 10 years and one person stopped working three years ago. There are changes in income and lifestyle. The fact pattern, if you put it in front of four or five different judges, you get different results.

Look at those criteria I gave you: the length of the marriage, the age of the parties, the parties’ abilities to earn and maintain the standard of living, who has the children. One judge might look at it one way and focus on certain things. Another judge might look at it another way and focus on certain things. Neither one is wrong, as long as it falls within the scope of the statute.

With a prenuptial agreement, if it is done correctly you are taking the guess work out. You are telling the judge what you want the resolution to be, in advance.

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  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
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  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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