kittykat13
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Reged: 08/12/11
Posts: 4
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Hi, I'm wondering if anyone has had any experiences with prenups being upheld in Illinois. My ex asked me to sign a prenup prior to getting married when he had more money than I did. I agreed, and it the prenup we both waived maintenance should we ever divorce. Now I am in a better financial position than he is, so he wants to invalidate the waiver of maintenance in the prenup. He says he's too sick to take care of himself and wants maintenance for life. He does have a variety of illnesses but nothing that is debilitating. He hasn't worked for 20 years and I think he just doesn't want to. I pay him full child support and have no problems with that- I just don't believe I should be on the hook for maintenance when we both waived it in the prenup at his suggestion. At this point, I think his attorneys strategy is to try and get the prenup invalidated by saying he's so sick that it created an 'undue hardship.' My attorney is unclear on how the judge will rule, although he says that it's not super common for judges to overturn prenups. I don't know what to expect. Has anyone dealt with anything like this before?
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DedicatedDad
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Reged: 09/05/04
Posts: 1318
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Your attorney has informed you correctly; it will be up to the judge....and it is uncommon, but it does happen.
Their are a couple things that could work in his favor. One, if his illness(s) are documented and he can get a doctor to say he shouldn't work. Second is he hasn't worked in 20 years.
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kittykat13
recently joined
Reged: 08/12/11
Posts: 4
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Thanks for your reply. I do believe his attorneys are trying to compel his doctors to say that he can't work, but my attorney feels that we can counter that argument and prove that there are jobs he is capable of doing. I should also mention that he has had huge sums of money that from a trust he had that is now depleted, so he's definitely had money over the years- he just doesn't hold onto it. I hope the judge will protect the prenup since he's the one that asked for it in the first place, and I've been reading online that waivers of maintenance in a prenup are rarely overturned. Do you think the fact that he hasn't worked will work in his favor if my attorney is able to prove that he is CAPABLE of working but just hasn't wanted to? Thanks again.
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DedicatedDad
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Reged: 09/05/04
Posts: 1318
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The most important factor is probably what judge you have and their past rulings.
Twenty years of not working warrants alimony. Blowing all his past money does nothing to help your case. Even being capable of working, but not doing so for 20 years probably doesn't help much. The court's view is usually that you were ok with him not working if you didn't do something about it.
With that said, I'd focus the most on using case law in keeping the prenup valid. If that is in place, the rest is irrelevant.
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kittykat13
recently joined
Reged: 08/12/11
Posts: 4
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Thanks again, that is helpful. I think case law is so far in my favor, or at least what we've found, but I have to idea how to find out how the judge has ruled in the past- do you know if there's anywhere to find that info?
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DedicatedDad
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Reged: 09/05/04
Posts: 1318
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You would have to either go through all the past rulings of the judge (could be done, but would be expensive). Your attorney, or any that has practiced in your area for a long time is going to know the judge's prevailing attitude on the subject.
With that said, your case is uncommon. He/she may have only ruled on a few, if any, in the past.
Good luck to you!
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