Questions and Concerns Regarding Prenuptial Agreements

Live at Five’s Board Certified family law attorney, Sonya Coffman, answers questions submitted by Southeast Texas KFDM News viewers. Does cheating change how a pre-nuptial agreement works? Are there any provisions that can be added to a pre-nuptial agreement requiring automatic payment if a spouse is caught cheating or admits to cheating?



Transcription

well in light of the recent tiger woods scandal many questions have come up regarding pre-nuptial agreements for answers we turn to live in five's family attorney sonya coffman so tiger woods we've all heard the pre nup agreement that he had with the elin for ten years what she received twenty million dollars is what was reported right but now if there's been some speculation since he's been caught cheating not necessarily caught but other women have come forward saying that they have cheated with tiger woods and i think he's admitted it publicly now his transgressions i believe was the word that he used on his website so so what kind of pre-nuptial agreement i mean does everything hold as it is or since he has admitted and you know with these other women does that change how does the pre-nuptial agreement work what has been reported is that she and her attorneys are renegotiating the terms of that original agreement and it's reported that the money goes up substantially now in light of all this if she will agree to stay with him so if they work out the terms of that then they will enter to a new agreement and the old one will be set aside is standard procedure to renegotiated a pre-nuptial agreement into the marriage well it happens and sometimes we we do those they're called post-nuptial agreements at that point but when the circumstances change and and i don't know in their agreement there could have been a provision that there was an automatic payment if he where caught in adultery or admitted to you it but i haven't heard any discussion of that but that could be a possibility well now when we talk about actions that a spouse can take against another spouse what are we talking well thats a little bit different from the pre-nuptial agreements sometimes in a divorce case a spouse can sue the other spouse for things that might have happened during the marriage and that's over and above the division of the property for example a spouse can sue for assault or false imprisonment or forgery or it intentional fliction of emotional distress i mean theres just a number of things that would allow a spouse to recover if there're significant assets to get to do that and that's basically when you see that come into play is when there are assets right and there's no point in pursuing that really if there's nothing to get right but and that if there was a judgment for that cause of action would be paid out at the other spouses portion of the community property or out of their separate property so that would be in addition to division of the property that's why people do that it's kind of confusing but something you deal with on a daily basis unfortunately here in southeast texas and if people have any questions for you they can alway fax us those questions eight ninety seven three oh five email us at laf at kfdm.com thank you we appreciate happy holiday well coming up next