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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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2024-02-16
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问题
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] Michael Minton suggests that ______.
选项
A、there are some problems in Michael Jordan’s postnup
B、one-sided postnups are unfair
C、courts should examine the postnups more carefully than prenups
D、being unfaithful is the main reason for divorce
答案
B
解析
由题干中的Michael Minton可定位到原文的第六段。文中提到He’s seen unfair and possibly illegal a- greements,这些agreements的内容是如果由于夫妻中一方不忠而导致离婚,那么不忠的一方将一无所获并将被迫放弃生活费,这就是one-sided postnups。由此可见B)的内容与原文相符。C)错在这是一些州法庭的做法而不是Michael Minton的观点。
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