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The Matrimonial StrategistLJN NewslettersNewsSections

'Pre-Nupitis' ' Diagnosis and Treatment

By Marcy L. Wachtel

Your secretary buzzes to tell you she has seated a client in your conference room who, while desperately trying to hold it together and to look dignified, is frantically twisting the brilliant enormous “bling” on the ring finger of her left hand. She is pacing the floor, tearing and shredding papers, muttering epithets and registering incredulity: “How could he?” “How dare he?” “Is it too late to cancel the wedding?” “We've sent invitations to 500 guests!”

Her problem is apparent and susceptible to diagnosis. Clearly, she is suffering from “pre-nupitis,” a disease that afflicts the so-called less-monied spouse (the LMS) who, in upwards of 95% of the cases, is the bride-to-be. She has been presented by her soon-to-be husband ' a few weeks before the wedding ' with a one-sided grossly unfair agreement. It contains waivers of her marital rights under the law, in the event of her husband's death or a divorce, cutting her out of any income earned or property acquired during the marriage. It eliminates her rights to spousal support and provides her with a fixed monetary sum ' usually a disappointingly low figure ' not based on any prediction of marital property accumulation, but rather akin to a salary. This amount, however, will not be received unless and until there is a divorce.

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