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Lorna Jorgenson Wendt and former husband Gray Wendt were, of course, the cou
Lorna Jorgenson Wendt and former husband Gray Wendt were, of course, the cou
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2023-07-15
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Lorna Jorgenson Wendt and former husband Gray Wendt were, of course, the couple engaged in the highly public disagreement over dividing their assets after divorcing in 1997. A judge ultimately gave her
$ 20 million, a sum she still views as far below her contribution as a "non-economic partner." Gray, now head of Conseco, the Indiana financial services firm, doesn’t buy that argument.
But the ugly mess could have been avoided. Jorgenson Wendt now wishes she had known about marital and financial planning: the postnup(婚后财产协议).
The better-known prenup(婚前财产协议)defines, before the marriage, how finances are to be divided if the couple splits.
Postnups, agreements signed during marriage that divide assets if the couple were to divorce, give another option. In some instances couples are using them essentially to update their prenups. Many prenups have sunset clauses: they automatically cease after a predetermined period of time. If it is not updated, a high-net-worth individual could become exposed to a loss in the event of a divorce.
Most commonly, couples with substantial assets or children from previous marriages consider postnups for protection.
Getting a postnup is relatively easy and begins with each spouse hiring a lawyer. Choose a good one. Michael Minton, a Chicago divorce lawyer who says he represented Michael Jordan’s wife in a postnup, says creative attempts to avoid fairness abound. He’s seen unfair and possibly illegal agreements that say if the couple gets divorced because of one spouse is unfaithful, the unfaithful one gets nothing and gives up the right to alimony(生活费).
Because of the risk of one spouse taking advantages of the other, some state courts examine postnups more carefully than premarriage agreements, says Arlene G. Dubin, a New York City divorce lawyer.
And because marriage contracts are governed by state law, postnups should be revised if you move to another state. Such agreements are signed in fewer than 5% of first marriages and 20% of second marriages, so courts in some states are still figuring out exactly how to deal with them. The Uniform Premarital Agreement Act of 1983, which governs prenups, generally does not apply to postnups.
Most states, however, simply accept the postnup as a private contract between two adults. But for couples thinking at all about a written financial agreement, the more popular prenup is still a better bet. The law is clearer. And there is a deadline. [br] What do prenups and postnups have in common?
选项
A、They are equally popular among couples.
B、Both of them are adopted as laws.
C、Both of them are agreements concerning how to divide assets in case of divorce.
D、They both have sunset clauses.
答案
C
解析
文章第三段中指出...prenup defines...how finances are to be divided if the couple splits,第四段又指出 Postnups,agreements signed during marriage that divide assets if the couple were to divorce,give another option。可见prenups和postnups的相同之处在于都是为了divide the finances/assets,不同之处就在于它们签署的时间不同,前者在婚前,后者在婚后。
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