How do I divorce my husband who is a millionaire if I have no access to money?

by Kiran
(Illinois)

I am married to a man who is worth approximately 10 million dollars. We had a prenuptial agreement and a postnuptial agreement. The houses, cars, and all bank accounts are in his name. I have no access to any money and am given a monthly allowance for food. How do I leave my marriage with no money, credit, or job? I don't even have enough from the monthly allowance to get an apartment for myself and my 9 year old son, let alone pay the minimum $10,000 retainer fee required to hire an attorney. What do I do?


Kiran

Real-Divorce Comments:
Dear Kiran,
It sounds like since you signed the prenuptial and postnuptial agreement, you should get a copy and find out what it says exactly. Then seek legal counsel and find out what you are dealing with.

If you didn't already give up many property rights or parenting rights as a result of the pre/postnuptial agreements, you may be able to hire an attorney that will allow his/her fees/payment upon the divorce (when you could potentially get alimony, child support, or a lump sum). This would be a contested divorce though, and may require many hours of legal fees, so you have to figure out if it would be worth it to pursue.

As far as money for right now, you may file for child support immediately using our child support page, you can call www.lawhelp.org to find out if they can help you, with some free legal advice over the phone. However, this is based on income, so you should not include your husband's income when you speak to them.

Get as many free consults as you can using our attorneys page, or on the Illinois Divorce page. Divorce Mediation or a Collaborative Divorce is a great option for someone like you, because you can negotiate your terms better, and it sounds like you need someone on your side to protect you.

If you haven't moved out already, you want to negotiate that with your husband--maybe he would help you with that if you would give up something else that you want. And make sure you tap into your husband's pension or 401K and investments if you haven't already signed over your rights in your prenuptial and postnuptial agreements. Women generally lose out BIGTIME on this important asset, and judges seem to forget that they exist. Also, if the child will spend much more time with you than your husband, try to get the judge to order that you can claim your son more often during tax years. It shouldn't be fifty-fifty if the child spends more time at Mom's!

For anyone else in a similar situation, if you can negotiate your terms together, and wish to file an uncontested divorce, you can do it well with 3StepDivorce.com -- they include some mediation time in their package.

Best of luck!

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